J  K 

3075 

.fir 

/3QQ 


UC-NRLF 


GIFT  OF 


9    19U 


PRIMARY  LAW— Chapter  111 


REGISTRATION  AND 
ELECTION  LAW— Chapter  119 

MISSISSIPPI  CODE  OF  19O6. 

- 


CHAPTER  136— Laws  1908 


OPINION  of  ATTORNEY  GENERAL 

-ON- 

"What  Constitutes  Qualified 
Elector." 


Prepared  and  Issued  by  Slate  Board  of  Election 
Commissioners. 


HKDEMMAN   BROS  .  PRINTERS.  JACKSON.  MISS. 


Opinion  of  Attorney  General  on 
"What  Constitutes  Qualified  Elector 


MISSISSIPPI  CODE  1906. 

CHAPTER    III. 
PRIMARY  ELECTIONS. 

3697.  Mode  of  nominating  state,  district,  county  and  county  dis- 
trict officers. — All  nominations  for  state,  district,  county  and  coun- 
ty district  offices  made  by  the  different  parties  of  this  state,  shall 
hereafter  be  made  by  primary  elections.  All  primary  elections 
shall  be  governed  and  regulated  by  the  election  laws  of  the  state  in 
force  at  the  time  the  primary  election  is  held,  except  as  herein  pro- 
vided. The  county  executive  committee  at  such  primaries  shall 
discharge  the  functions  imposed  upon  the  county  election  commis- 
sioners, except  as  to  revising  the  registration  and  poll  books,  and 
shall  be  subject  to  all  the  penalties  to  which  county  election  com- 
missioners are  subject.  The  primary  election  officers  appointed 
by  the  executive  committee  of  the  party  shall  have  the  powers  and 
perform  the  duties,  where  not  otherwise  provided,  required  of  such 
officers  in  a  general  election,  and  any  and  every  act  or  omission 
which  by  law  is  an  offense  win  n  cov.mi.ted  in  or  about  or  in  respect 
to  such  general  elections,  shall  be  an  offense  if  committed  in  or 
about  or  in  respect  to  a  primary  election;  and  the  same  shall 
be  indictable  and  punishable  in  the  same  way  as  if  the  election 
was  a  general  election  for  the  election  of  state  and  county  officers, 
except  as  specially  modified  or  otherwise  provided  in  this  chapter. 

3698  (3256-3257)  Manner  of  selecting  district  executive  commit- 
tees;  representation  on  same;  quorum. — The  county  executive  com- 
mittee shall  consist  of  fifteen  members,  three  to  be  selected  from 
each  supervisor's  district.  The  executive  committees  of  judicial 
and  congressional  districts  shall  be  selected  by  each  county  in  the 
manner  to  be  provided  by  its  executive  committee;  and  all  vacan- 
cies in  such  executive  committees  shall  be  filled  by  the  executive 
committee  of  the  county  in  which  such  vacancies  occur.  juacn 
county  shall  have  representation  on  such  district  executive  com- 
mittees in  proportion  to  double  its  vote  in  the  house  of  represen- 
tatives, having  the  same  number  of  members  of  the  executive  com- 
mittee that  it  is  entitled  to  votes  in  the  state  convention,  as  herein- 
after provided.  The  full  vote  to  which  each  county  is  entitled 


shall  be  cast  by  its  executive  committeemen  present,  whether  one  or 
more.  When  executive  committeemen,  whether  one  or  more  from 
each  county,  are  present  from  a  sufficient  number  of  counties  to 
constitute  a  majority  of  the  representative  vote  of  the  committee, 
it  shall  constitute  a  quorum  for  the  transaction  of  business.  Prox- 
ies from  any  county  shall  not  be  admissible  unless  all  of  the  ex- 
ecutive committeemen  are  absent.  In  senatorial  and  flotorial  dis- 
tricts, each  county  shall  have  equal  representation  as  to  such  rep- 
resentatives. 

3699.  (3256-3257)  State,  district  and  county  executive  commit- 
tees; how  chosen." — The  state  executive  committee  shall  consist  of 
three  members  from  each  congressional  district,  to  be  chosen  by 
the  delegates  from  the  different  congressional  districts,  each  dis- 
trict acting  separately,  and  shall  hold  for  four  years  and  until  their 
successors  are  chosen.  A  state  convention  shall  be  held  by  each 
political  party  in  the  state,  in  the  year  1908,  and  every  four  years 
thereafter,  to  select  a  state  executive  committee,  to  appoint  dele- 
gates to  the  national  convention  and  to  nominate  presidential  elec- 
tors. Each  county  shall  be  entitled  in  the  state  convention  to  a 
number  of  votes  equal  to  double  its  representation  in  the  house  of 
representatives.  The  delegates  are  to  be  selected  by  county  del- 
egate conventions,  to  be  held  in  each  county.  Delegates  shall  be 
apportioned  equally  among  the  supervisors'  districts  of  each  county, 
or  each  precinct  in  the  county  shall  be  given  representation  in  the 
county  delegate  convention  in  proportion  to  the  votes  cast  at  the 
preceding  presidential  election  for  its  party  candidates.  The 
county  executive  committee  shall  designaate  a  date  and  the  number 
of  delegates  to  be  elected,  giving  at  least  ten  days'  notice  for  the 
precinct  elections,  on  which  date  the  electors  at  such  precinct  shall 
meet  at  ten  o'clock  a.  m.  at  the  usual  voting  places,  and  by  secret 
ballot  elect  delegates  to  represent  such  voting  precincts  in  the 
county  conventions.  The  delegate  convention  of  each  county  shall 
choose  a  county  executive  committee,  consisting  of  three  members 
from  each  supervisor's  district  as  above  provided,  who  shall  hold 
until  the  county  convention  convenes  four  years  later,  but  a  county 
executive  committee  can  submit  the  choice  of  their  successors  to 
any  primary  e'ection  held  for  other  purposes,  in  which  event  the 
committee  so  chosen  shall  hold  until  next  county  convention  as- 
sembles under  the  provisions  of  this  section.  Congressional,  flo- 
torial. senatorial  and  all  other  district  executive  committees  shall 
continue  in  office  until  after  the  returns  are  received  and  acted 
upon  for  the  next  succeeding  congressional  or  district  election,  af- 
ter which  their  successors  are  to  be  appointed  by  the  various  county 
executive  committees  composing  such  districts.  All  the  present 
executive  committees  now  acting  shall  -continue  until  their  suc- 
cessors are  chosen,  as  herein  provided.  All  vacancies  in  state  and 
county  executive  committees  shall  be  filled  by  such  committees  them- 
selves and  from  the  district  in  which  the  vacancies  occur.  All 
other  vacancies  are  to  be  filled  by  the  new  executive  committeemen, 
appointed  by  the  county  executive  committees  of  the  counties  which 
made  the  original  appointments.  Executive  committees  for  con- 
gressional, judicial,  senatorial  and  flotorial  districts  having  none, 
may  be  appointed  by  the  various  executive  committees  of  the  coun- 
ties composing  such  districts.  In  any  new  county  hereinafter 
created  the  members  of  the  executive  committee  or  committees  for 
the  county  or  counties  from  which  the  new  county  is  taKeii  wno 


are  resident  citizens  of  the  new  county  at  the  time  it  is  created  shall 
constitute  tho  first  executive  committee  for  the  new  county  until 
their  successor?  are  selected  in  the  manner  provided  by  law,  and 
they  may  fill  any  vacancy  on  the  committee. 

3700.  Datos  of  primaries;    what  required   to  make  nominations;, 
second  primary  in  certain    cases. — The  first    primary    shall  not    bg 
held  earlier  than   the  first  day  nor  later  than  the  tenth  day  of  Au- 
gust, preceding  any  regular  election,   on   a  date   to  be  fixed  by  the 
state  executive  committee;    and  the  second  primary   shall  be    held 
three  weeks  after  the  first  primary;   but  the   first  primary  election 
for    congressmen  shall   be  held  not  earlier   than    the   20th  day    of 
August,  and    net  later  than    the  first  day  of  September  on  a    date 
to  be  fixed    by  the    respective  congressional  executive  committees; 
and,  when  necessary,    a  second    primary  shall  be  held  three  weeks 
later.        Any   candidate  who  receives   the  highest  popular  vote  cast 
for  the  office  which  he  seeks  in  the  first  primary  shall  thereby  be- 
come   the  nominee  of  his  party  for  such    office;    provided,  also,    it 
be  a  majority   of  all  the  votes  cast  for  that  office.        If  no   candi- 
date   receive  such  majority    of  popular  votes  in  the  first  primary, 
then    the   two  candidates   who  receive  the  highest  popular  vote  foi 
such   office    shall   have   their   names  submitted   as  such   candidates 
to  a    second  primary,  and    the  candidate  who  leads  in  such  second 
primary  shall  be  entitled  to  the  nomination.       When  there  is  a  tie 
in  the  first  primary  as  to  who  receives  the  next  highest  vote,  these 
two  and  the  one  receiving  the  highest  vote,  none  having  received  a 
majority,    shall    go  into  the   second  primary,  and  whoever  leads  in 
such  second  primary  shall  be  entitled  to  the  nomination. 

3701.  Second   primaries  when  two  or  more  candidates  for  same 
office  to  he  voted  for. — When  two  or  more  candidates  for  office  of 
the  same  kind  are  to  be  voted  for,  if  a  second  primary  be  necessary, 
then   two   candidates  for  each  place  to   be   filled  by  the   second  pri- 
mary shall  be  chosen  from  the  candidates  who  led  among  those  not 
nominated,  for  the  nominations  for  such  offices;   provided,  however, 
that  there  shall  be  no  second  primary,  in  any  case,  where  any  can- 
didate or  candidates  receive  a  majority  of  votes  for  such  otflce. 

3702.  Commissioners  to  revise  registration  and  poll  hooks. — On 

the  third  Monday  of  July  prior  to  any  regular  election,  and  five 
days  before  any  other  election,  the  commissioners  of  election  shall 
meet  at  the  office  of  the  registrar  and  carefully  revise  the  regis- 
tration books  and  the  poll  books  of  the  several  election  districts, 
and  ahall  erase  therefrom  the  names  of  all  persons  erroneously 
thereoti,  or  who  have  died,  removed  or  become  disqualified  as  elec- 
tors foe  any  cause;  and  shall  register  the  names  of  all  persons  who 
have  duly  applied  to  be  registered,  and  have  been  illegally  denied 
registration;  and  no  name  shall  be  permitted  to  remain  on  the  poll 
books  except  such  as  are  duly  qualified  to  vote  in  the  regular 
election.  No  person  shall  vote  at  such  primary  whose  name  is 
not  on  the  poll  book.  At  the  meeting  held  under  this  section,  the 
commissioners  shall  exercise  all  the  functions  authorized  by  sec- 
tions 4130  and  4142  of  the  code;  and  at  the  October  meeting  shall 
only  attend  to  what  has  since  occured  in  the  way  of  disqualification 
or  death  of  electors,  or  what  was  before  overlooked. 

3703.  County  poll    hooks  to  be  used;    voters  denied  registration 
may  vote. — *The  county  poll  books  shall  be  used  in  primary  elections, 


— 6 — 

and  no  person  whose  name  does  not  appear  upon  the  poll  books  shall 
be  permitted  to  vote  in  a  primary  election;  but  if  any  person  offering 
to  vote  in  any  primary  election  whose  name  does  not  appear  upon 
the  poll  book  shall  make  affidavit  before  one  of  the  managers  of 
election,  in  writing,  that  he  is  entitled  to  vote,  or  that  he  has  been 
illegally  denied  registration,  his  vote  may  be  prepared  by  him  and 
handed  to  the  proper  election  officer,  who  shall  enclose  the  same 
in  an  envelope  with  the  written  affidavit  of  the  voter  and  seal  it 
and  mark  plainly  upon  it  the  name  of  the  person  offering  to  vote. 
And,  in  canvassing  the  returns  of  the  election,  the  executive  com- 
mittee shall  examine  the  records  and  allow  the  ballot  to  be  counted 
or  not,  as  shall  appear  to  be  legal. 

3704.  Sample  of  ballot  to  be  furnished. — It  shall  be  the  duty  of 
the  state  executive  committee  of  each  political  party  to  furnish    to 
each  county  executive  committee  a   sample  of  the  official   ballot  to 
be  used  in  the  primary,  the  general  form  of  which  shall  be  followed 
as  nearly  as  practicable.        In  primary  elections,  in   which  state  or 
district  officers  are  voted  for,  the  county  executive /committee,  three 
weeks  before  the  date   of  the  primary,  shall   give  to  the  state   and 
district  executive  committees  the   name    and    address  of  the  county 
executive  committeeman  to  whom    remittances  are  to  be    made  by 
state  or  district  candidates,  and  the  amount  of  such  remittances. 

3705.  Executive    committee    to  meet  and   canvass  returns. — The 

county  executive  committee  shall  meet  on  the  first  or  second  day 
after  each  primary  election;  shall  receive  and  canvass  the  returns, 
which  must  be  made  within  the  time  fixed  by  law  for  returns  of 
general  elections  and  declare  the  result,  announce  the  name  of  the 
nominees  for  county  and  county  district  offices,  and  the  names  of 
those  candidates  to  be  submitted  to  the  second  primary.  The  vote 
for  state  and  district  offices  shall  be  tabulated  by  precincts  and 
certified  to  and  returned  to  the  respective  executive  committees 
having  charge  of  district  nominations  and  to  the  state  executive 
committee  those  returns  relating  to  state  offices,  such  returns  to 
be  mailed  by  registered  letter  or  any  safe  mode  of  transmission 
within  thirty-six  hours  after  the  returns  are  canvassed  and  the  re- 
sult ascertained.  The  state  and  district  excutive  committees  shall 
meet  a  week  from  the  day  following  the  first  primary  election  held 
for  state  and  district  offices,  and  shall  proceed  to  canvass  the  re- 
turns, and  to  declare  the  result,  and  announce  the  names  of  those 
nominated  for  the  different  offices  in  the  first  primary,  and  the 
names  of  those  candidates  whose  names  are  to  be  submitted  to  the 
second  primary  election.  State  and  district  executive  committees 
shall  also  meet  a  week  from  the  day  on  which  the  second  primary 
election  held  and  receive  and  canvass  the  returns  for  state  and  dis- 
trict offices,  if  any,  voted  on  in  such  second  primary. 

3706.  Equal  representation  on   executive    committee. — The  coun- 
ties  composing  senatorial   and   flotorial   districts  shall    have  equal 
representation  on  the  executive    committees  for    such  districts,  and 
may  submit  the  nomination  of  senator  or  floater  to  the  county  alone 
entitled  to  the  nominee. 

3707.  How  precinct  officers  to  be  appointed;    bow  same  selected; 
each  candidate  to  be  represented. — The  county  executive  committee 
shall  meet  two  weeks  to  a  day  before  the  date  of  any  primary  elec- 
tion and  appoint   the  managers  for  same;   and  in  making    such  ap- 


pointments  the  managers  shall  be  distributed,  as  far  as  practicable, 
between  the  supporters  of  the  candidates  for  those  offices  about 
which  there  are  the  leading  contests,  and  if  there  be  doubt  as 
to  which  are  the  leading  contested  ones,  then  among  the  supporters 
of  the  candidates  competing  for  the  highest  offices.  The  refusal 
to  make  in  good  faith  such  distribution  of  precinct  officers  among 
the  different  competing  candidates,  when  practicable,  shall  be  a  mis- 
demeanor, and  punishable  as  such;  provided,  that  such  meeting  may 
be  held  one  week  before  any  special  election;  provided,  that  if 
they  fail  to  meet  on  the  day  named,  further  notice  shall  be  given 
of  the  time  and  place  of  meeting. 

3708.  (3268)   Clerks  of  election. — The  managers  of  election  shall 
appoint  two  clerks,    and  the    managers  and  clerks  shall    be    sworn 
by   some   officer   present,   competent   to    administer   oaths,   or   each 
may  be  sworn  by  one    of    the    others,  faithfully  to   perform    their 
duties  at  the  election  according  to  law,  and  not  to  attempt  to  guide, 
aid,  direct  or  influence    any   voter  in  the  exercise  of  his    right  to 
vote,  except  as  expressly  hereinafter  allowed. 

3709.  Blank  returns,  stationery,  etc.,  to  be  furnished. — The  coun- 
ty executive  committee  shall  furnish  to  the  managers  at  each  voting 
place   a   sufficient   quantity   of    stationery   for   use  in   holding   the 
election,    and  also  blank  forms   to   be  used    in  making  the  returns 
of  the   election.       The  poll  books  prepared  for  the   general  election 
shall  be  used  in  the  primary  election. 

3710.  Ballots;    how  printed    and    what  to  contain. — The    county 
executive   committee    shall   have   printed   all   necessary   ballots,    for 
use  in  primary  elections.       The  ballots  shall  contain  the  names  of 
all  the  candidates   to  be  voted  for  at  such  election,  and  there  shall 
be  left  on  each  ballot  one  blank  space  under  the  title  of  each  office 
for  which  a  nominee  is  to  be  elected;  and  in  the  event  of  the  death 
of  any  candidate  whose  name  shall  have  been  printed  on  the  ballot, 
the    name  of  the    candidate    duly  substituted  in  the   place  of  the 
deceased  candidate  may  be  written  in  such  blank  space  by  the  voter. 
The  arrangement  of  the  names  of  the  candidates,  the  order  in  which 
the  titles  to  the  various  offices  shall  be  printed,  and  the  size,  print 
and  quality  of  the   paper  of  the  ballot  is  left  to   the  descretion  of 
the  county   executive  committee.       No    ballot  shall  be  used  except 
those   so  printed. 

3711.  When    printed    ballots  are  lost  or  stolen. — When  for  any 
cause    the  printed  ballots    prepared  by  the  election  commissioners 
have  been  lost    or  stolen,   or  for    any  cause  the  managers  of  the 
election  fail    to    obtain  the  printed  ballots,  then  the    electors  shall 
be  permitted    to  write  out  their  ballots,  and    the  same  shall  be   as 
legal  as  if  they  were  printed,  and  shall  be  counted   for  the  parties 
voted  for. 

3712.  Ballot    boxes. — The  ballot  boxes    provided    by  the  regular 
commissioners  of  election  in   each  county  shall  be  used  in  primary 
elections,  and  the  county  executive  committee  shall  distribute  them 
to   tbe  election  districts  of  the  county  before  the  time  for  opening 
the  polls.        If  an  adjournment  shall  take  place   after  the  polls  are 
open   and  before  all  votes  are  counted,  the  ballot   box  shall  be   se- 
curely  locked  so  as  to   prevent  the  admission  into  it  or   the  taking 
cf   anything  from  it   during  the  time  of  adjournment;   and  the  box 


shall  be  kept  by  one  of  the  managers,  and  the  key  by  another  of 
tho  commissioners,  and  the  manager  having  the  box  shall  carefully 
keep  it,  and  neither  undertake  to  open  it  himself  or  permit  it  to 
be  done,  or  to  permit  any  person  to  have  access  to  it  during  the 
time  of  adjournment.  The  box  shall  not  be  removed  from  the 
polling  building  or  place  after  the  polls  are  open  until  the  count 
is  completed  if  as  many  as  three  electors  qualified  to  vote  at  the 
election  object.  After  each  election,  the  ballot  boxes,  if  those  pro- 
vided by  the  regular  commissioner  of  election  shall  be  delivered, 
with  the  keys  thereof,  to  the  clerk  of  the  circuit  court  of  the  coun- 
ty. 

3713.  Dates  for  holding   primaries  to  fill  vacancies. — That  nom- 
inations for  candidates  to    fill  vacancies    in    county    or  county  dis- 
trict   offices,  shall  be  made  upon  dates  to  be  fixed  by    the  county 
executive  committee  for  county  or    county    district    offices.        The 
first    and  second  primaries  shall  be    held  on  the  dates  to  be  fixed 
by  such  executive  committees,   which  committees  shall  also   fix  the 
dates  when  the  returns  are  to  be  made  of  the   results  of  such  pri- 
maries.       If    there  is   not   sufficient   time,  after    the  election  is  or- 
dered, for  the  holding   of  second  primary  to  fill  such  vacancies,  on 
account  of  the  nearness  of  the    election,  from    the    date    at  which 
it    is  ordered,  the  executive  committee  having  such  nomination  in 
charge,    may  submit  the  result  to    the    first    primary  election,    the 
nomination   going   to    the   candidate   receiving   the   highest   popular 
vpte.       Such  special  primary  election  shall  be  conducted,  as  far  as 
applicable,   under  the  laws  governing  other   primary  elections. 

3714.  Candidates  may  agree  to  plurality  election. — If  all  the  can- 
didates for  election  as  nominees  for  legislative,  county  or  any  county 
district  office  shall  sign  a  written  agreement  to  that  effect,  and  file 
it  with  the  county  executive  committee,  the  candidate  receiving  the 
pluraliy  of  the  votes  cast  shall  be  declared  the  nominee. 

3715.  Names  of  candidates  to  be  furnished  to  the  executive   com- 
mittees.— Fifteen  days  before  any  primary  election  the  names  of  all 
candidates  to  be  voted  for  in  such  election  shall  be  furnished  to  the 
proper  executive  committee.       Where  there  shall  be  but  one  candi- 
date  the   proper   executive   committee,    when   the  time    has   expired 
within   which  the  names  of  candidates  shall  be  so  furnished,  shall 
declare  such  candidate  the  nominee. 

3716.  Candidates  may  be  present   at    the    polling  places. — Each 
candidate   shall  have   the   right,  either  in   person  or  by  representa- 
tive to  be  named  by  him,  to  be  present  at  the  polling  place,  and  the 
managers  shall  provide  him    or  his  representative    with    a  suitable 
position   from  which  he  or  his  representative   may   be  able  to  care- 
fully inspect  the  manner  in  which  the  election  is  held.        He  or  his 
representative  shall  be  allowed  to  challenge  the  qualifications  of  any 
person  offering  to   vote,  and  his  challenge  shall  be   considered   and 
acced  upon  by  the  managers. 

3717.  Who  are  eligible  to  participate  in  primaries;  person  offering 
to  vote  may  be  challenged. — [No  person  shall  be  eligible  to  partici- 
pate in  any  primary  election  unless   he  be  qualified    to   vote  in  the 
election  for  which  such  nomination  is  to   be  made,  intends   to  sup- 
port, the  nominations  in   which   he  participates,  has   been  in  accord 
with  the  party  holding  such  primary  within  the  two  preceding  years, 


—  9  — 

and  is  not  excluded  from  such  primary  by  any  regulation  of  the 
state  executive  committee  of  the  party  holding  such  primary.  Any 
member  of  the  party  holding  the  primary,  or  any  primary  election 
officer,  may  challenge  any  person  offering  to  vote,  and  cause  him 
to  answer,  under  oath,  questions  relating  to  his  qualifications.  Any 
election  officer  of  the  precinct  may  administer  oath  to  such  chal- 
lenged person;  and  false  testimony  given  upon  such  inquiry  shall 
be  perjury  and  punishable  as  such;  nor  shall  any  elector  be  allowed 
to  vote  who  has  sold  or  offered  to  sell  his  vote  or  influence,  di- 
rectly or  indirectly,  for  the  support  or  defeat  of  any  candidate  or 
m»3i4ure  voted  on  that  year;  nor  any  who  that  year  has  paid  or 
offered  to  pay  anything  for  another's  vote  or  influence  for  or  against 
any  candidate  or  measure. 

3718.  Each  political  party  to  pay   expenses    of  primaries;    candi- 
dates to  be  assessed.  —  Each  political  party  shall  defray  all  expenses 
incident  to    its  primary  elections,   such  expenses  to    be    no   charge 
on  the   state  or  county,  but  no  political   party   shall  pay  out  of  any 
funds  received   wholly  or  in  any  part  from  its  candidates     anything 
for  the  personal  services  or  time  of  its  precinct  officers  or  executive 
committees.        The  cost   of  printing   ballots  and  transmitting  ballot 
boxes  and  booths  shall  be  fairly  apportioned  by  the  county  executive 
committee,    among  all  the  candidates  voted  for  in  such  primaries, 
county   district  candidates   bearing  their  pro   rata.       The  above  ex- 
penses are  the   only   expenses  chargeable  against  candidates  or  ex- 
ecutive committees.       No  candidate  for  state  or  district  offices  shall 
be   assessed  more  than   are  candidates  for  county  offices.        Within 
two  weeks  after  the  last  primary,  each  county  executive  executive 
committee   shall  prepare  and  file  with  the  circuit  clerk  of  their  re- 
spective counties  an  itemized  acount,  showing  the  expenses  incurred 
in  conducting  such  primary  election  and  the  amount  received  from 
each  candidate,  and  shall  refund  to  candidates  each  his  pro  rata  of 
what  remains,  if  anything,  in  excess  of  such  expenditures;  and  fail- 
ure to   perform  any  of  the  duties  required   by  this  section  shall  be 
a  misdemeanor. 

3719.  Penalty  for  offering  to  sell  vote    or  influence  in    primary 
elections.  —  That  it  shall  be  unlawful  for  any  person  to  sell  or  offer 
to  sell  his  vote  or  influence,  directly  or  indirectly,  or  to  receive  pay 
for  his  time  or  expense    in   canvassing  to  contribute   to  the  success 
or  defeat  of  any  candidate  or  measure   voted  upon  in    the    primary 
election;  and  it  shall  be   likewise  unlawful  for  any   person  to  offer 
money  or  anything    of    value  to  any    one  for  his  vote  or  influence 
or  for  his  services    in    canvassing  for  or    against  any  candidate  or 
measure  voted  upon  in  any  primary  election.        Any  one  offending 
against    this    section  shall  be  fined  not     less      than     fifty     dollars 
($50.00)    nor  more  than    five   hundred   dollars    ($500.00),   or    im- 
prisoned not  more  than  six  months,  or  both. 


Penalty  for  being  intoxicated  and  for  providing  or  dispens- 
ing intoxicants.  —  That  if  any  person  shall  be  found  intoxicated  in 
or  about  any  polling  place  during  any  primary  election,  he  shall  be 
deemed  guilty  of  a  misdemanor,  and  upon  conviction  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars,  or 
sentenced  to  imprisonment  not  more  than  ten  days.  It  shall  be 
the  duty  of  every  conservator  of  the  peace  to  arrest  any  person  guilty 
of  this  or  any  other  offense  against  the  primary  laws,  and  to  make 


— 10 — 

affidavit  or  have  the  same  made  and  sent  to  the  proper  justice  of 
the  peace;  and  any  person  who  shall  dispense  intoxicating  liquors 
on  any  day  for  holding  a  primary  election,  or  who  shall  treat  any 
person  to  any  intoxicating  liquor,  or  shall  place  or  cause  to  be 
placed  any  intoxicating  liquor  at  any  point  where  voters  or  other 
persons  may  have  access  to  same  upon  such  day,  or  who  shall  con- 
tribute to  the  purchase  of  or  aid  or  assist  in  procuring  any  intoxi- 
cating liquors,  which  shall  be  used  on  such  election  day,  shall  be 
guilty  of  a  misdemeanor  and  on  conviction,  shall  be  fined  not 
less  than  twenty-five  dollars  ($25.00)  nor  more  than  one  hundred 
dollars  ($100.00)  or  be  confined  in  the  county  jail  not  more  than 
three  months,  or  be  punished  by  both  such  fine  and  imprisonment, 
at  the  discretion  of  the  court;  and  if  any  candidate  for  office  who 
is  to  be  voted  for  at  such  primary  election,  shall  violate  the  pro- 
visions of  this  section,  he  shall,  in  addition  to  the  above  penalty,  be 
disqualified  from  holding  the  office  for  which  he  is  a  candi- 
date. 

3721.  Names  of  candidates  not  to  be  placed  on  tickets. — That  the 
name  of  any  candidate  shall  not  be  placed  upon  the  official  ballot 
in  general  or  special  elections,  as  a  party  nominee,  who  is  not  nom- 
inated, as  herein  provided,  and  the  election   of   any  party  nominee 
who  shall  be  nominated  otherwise  than  as  herein  provided  shall  be 
void  and  he  shall  not  be  entitled  to  hold  the  office  to  which  he  may 
have  been   elected.       No  political  party   shall  be  entitled   to   recog- 
nition, as  such,  in  the  appointment  of  the  county  or  precinct  election 
officers,  unless  it  has  made  its  nominations  as  herein  provided. 

3722.  Nominations  for  the  office  of  United  States  senator. — Nom- 
inations for  the  office  of  United  States  senator  shall  be  made  at  the 
primary    election   held    throughout  the     state,     next   preceding   the 
meeting  of  the   legislature  at   which  a  United    States  senator  is  to 
be  elected.     The  names  of  the  candidates  for  such  nominations  shall 
be  placed  upon   the  ballots  prepared  by   the  county  executive   com- 
mittee. 

3723.  Railroad   commissioners;    how  nominated. — Candidates  for 
the  office   of  railroad  commissioner   shall  be  voted  for   by  districts, 
which  shall  be  the  same  as  those  from  which  railroad  commission- 
ers are  required  to  be  elected. 

3724.  Tabulated    vote   to  be  furnished    secretary  of   state. — The 

chairmen  of  the  state  and  congressional  executive  committees  re- 
spectively, shall  transmit  to  the  secretary  of  state,  a  tabulated 
statement  of  the  party  vote  cast  in  each  couny  in  each  state  and 
congressional  district  election,  which  statement  shall  be  filed  by 
the  secretary  of  state  and  preserved  among  the  records  of  his  of- 
fice. 

3725.  When  epidemics  exist,  etc. — Whenever  epidemics  may  exist 
in  the  state,  the  state  executive  committee  shall  have  the  power  to  fix 
different  dates  from  those  herein  prescribed,  upon  which   the   first 
and   second   primary   elections  shall   be    held. 

3726.  Municipal  primary  elections;   how    held. — Nominations    for 
all  municipal  offices  which  are  elective  shall  be  made  at  a  primary 
election  to  be  held  at  a  time  to  be  fixed  by  the  municipal  executive 
committee,  which  shall  have  as  many  members  as  there  are  legisla- 


— 11 — 

tive  officers  of  the  municipality.  A  primary  election  for  the  pur- 
pose of  electing  nominees  to  municipal  offices,  and  of  electing  mem- 
bers of  the  municipal  executive  committee,  shall  be  held  in  the  year 
in  which  a  general  election  is  held.  If  after  any  municipal  pri- 
mary election  a  second  primary  election  should  be  necessary,  it  shall 
be  held  not  later  than  seven  days  from  the  first  election.  The 
names  of  all  candidates  shall  be  furnished  the  municipal  executive 
committee  at  least  thirty  days  before  a  primary  election.  The. 
provisions  of  this  chapter  shall  govern  all  municipal  primary  elec- 
tions, as  far  as  applicable,  but  the  officers  to  revise  and  prepare  the 
poll  books  and  ballots  and  the  managers  of  elections  shall  be  ap- 
pointed by  and  the  returns  of  the  election  shall  be  made  to  the  mu- 
nicipal executive  committee.  Vacancies  in  the  executive  committee 
shall  be  filled  by  it;  provided,  that  this  section  shall  not  apply  to 
municipalities  with  less  than  fifteen  hundred  inhabitants. 

37'?7.  Free  transportation,  telegraph  or  telephone  service  unlaw- 
ful.— No  common  carrier,  telegraph  company  or  telephone  company 
shall  give  to  any  candidate,  or  to  any  member  of  any  political  com- 
mittee, or  to  any  person  to  be  used  to  aid  or  promote  the  success  or 
defeat  of  any  candidate  for  election  to  be  the  nominee  of  his  po- 
litical party  for  any  public  office,  free  transportation  or  telegraph 
or  telephone  service,  as  the  case  may  be,  or  any  reduction  thereof 
that  is  not  made  alike  to  all  other  persons.  All  persons  required 
by  the  provisions  of  this  chapter  to  make  and  file  statements  shall 
make  oath  that  they  have  not  received  or  made  use  of,  directly  or 
indirectly,  in  connection  with  any  candidacy  for  nomination  to  any 
public  offica,  free  transportation  or  telegraph  or  telephone  ser- 
vice. 

3728.  Placards;    posters;    pamphlets,    etc. — Every   placard,      bill, 
poster,    pamphlet  or  other  printed  matter,   having  reference  to   the 
prim  AY  y  election,   or    to   any    candidate,   shall   bear    upon   the  face 
thereof  the  name  and  the  address  of  the  author,  and  of  the  printer 
and  publisher   thereof,  and  failure   to  so  provide  shall  be  a  misde- 
meanor. 

3729.  Candidates  not  to  promise  appointments. — No  person  shall, 
in   order  to  aid   or  promote  his   own  election  to   be  the  nominee   of 
his  party  for  a   public  office,    directly  or   indirectly,      himself      or 
through  another   person,  promise  to    appoint,  or  promise    to  secure 
or   assist    in   securing   the    appointmnt,   nomination    or   election   of 
another  person  to  a  public  position  or  employment,  or  to  a  position 
of  honor,  trust  or  emolument,  except  that  he  may  announce  or  define 
what   is  his    choice  or  purpose    in  relation  to  an  election  in  which 
he  may  be  called  on  to  take  part  if  elected. 

3730.  Candidates   not  to  make  donations  for  certain   purposes. — 

No  person  shall,  directly  or  indirectly,  demand,  solicit,  ask  or  invite 
from  any  person,  who  is  a  candidate  for  nomination,  from  any  po- 
litical party,  for  any  office,  a  donation,  or  promise  of  donation, 
for  any  educational,  charitable,  religious  or  benevolent  purpose,  out- 
side of  the  county  of  his  residence;  nor  shall  any  such  candidate 
make  or  promise  any  such  donation.  Any  person  violating  know- 
ingly the  provisions  of  this  section  shall  be  guilty  of  a  misde- 
meanor. 


— 12 — 

LAWS  OF  MISSISSIPPI  1908. 
CHAPTER     NO.    136. 

S.   B.  No.  295. 

An  act  providing  for  method  of  contesting  a  primary  election. 
How  Primary  election  may  be  contested  on  charge  of  fraud — 

•SECTION  I.  Be  it  enacted  by  the  Legislature  of  the  State  of  Mis- 
sissippi, That  a  person  desiring  to  contest  the  election  of  another 
person  returned  as  the  nominee  of  the  party  to  any  district,  county 
or  beat  office,  may,  within  twenty  days  after  the  primary  election, 
file  a  petition  with  the  secretary,  or  any  member,  of  the  county  ex- 
ecutive committee  in  the  county  in  which  fraud  is  alleged  to  have 
been  perpetrated,  setting  forth  the  grounds  upon  which  the  primary 
election  is  contested;  and  it  shall  be  the  duty  of  the  excutive  com- 
mittee to  assemble  by  call  of  the  chairman  or  three  members  of 
said  committee,  notice  of  which  contest  shall  be  served  five  days 
before  said  meeting,  and  after  notifying  all  parties  concerned,  pro- 
ceed to  investigate  the  allegations  of  fraud,  and,  by  majority  vote  of 
members  present,  declare  the  true  results  of  such  primary. 
Chairman  of  state  executive  committee  to  issue  his  fiat  to  county 
chairman  reciting  charges,  etc. 

SEC.  2.  In  State,  congressional,  judicial,  senatorial  and  flotor- 
ial  districts,  upon  complaint  filed  with  the  chairman  of  the  respec- 
tive committees,  by  petition,  reciting  the  allegations  of  fraud,  and 
with  the  advice  of  two  members  of  said  committee,  the  chairman 
shall  issue  his  fiat  to  the  chairman  of  the  county  executive  commit- 
tee, where  fraud  is  alleged  to  have  been  committed,  and  in  like 
manner  as  in  county  office,  the  committee  shall  investigate  the 
complaint  and  return  their  findings  to  the  chairman  of  the  proper 
committee,  which  declare  the  candidate  nominated,  which  the  cor- 
rected returns  show  is  entitled  to  the  same. 
Committee  empowered  to  subpoena  witnesses. 

SEC.  3.  For  the  proper  enforcement  of  this  act  the  committee 
has  the  power  to  subpoena  and,  if  necessary,  attach  witnesses  needed 
in  said  investigation. 

SEC.  4.  That  this  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  21,   1908. 


MISSISSIPPI    CODE    1906. 
CHAPTER  119. 

REGISTRATION     AND    ELECTIONS. 

4107.    (3601)   Board   of  election  commissioners  and     registrar. — 

There  shall  be  a  state  board  of  election  commissioners,  to  consist 
of  the  governor,  the  secretary  of  state,  and  the  attorney-general, 
any  two  of  whom  may  perform  the  duties  required  of  the  board; 
a  board  of  election  commissioners  in  each  county,  to  consist  of  three 
discreet  persons  who  are  freeholders  and  electors  in  the  county  in 


— 13 — 

which  they  are  to  act,  and  who  shall  not  all  be  of  the  same  po- 
litical party,  if  such  men  of  different  political  parties  can  be  con- 
veniently had  in  the  county;  and  a  registrar  in  each  county  who 
shall  be  the  clerk  of  the  circuit  court,  unless  he  shall  be  shown  to 
be  an  improper  person,  to  register  the  names  of  the  electors  there- 
in. 

4108.  (3602)   Appointment  of  county  election    commissioners. — 

Two  months  before  every  general  election  of  representatives  in 
congress,  and  of  electors  of  president  and  vice-president  of  the 
United  States,  the  state  board  of  election  commissioners  shall  ap- 
point the  commissioners  of  election  for  each  coutny,  who  shall  con- 
tinue in  office  for  two  years,  unless  removed,  and  until  successors 
are  appointed,  one  of  whom  shall  be  designated  in  his  commission 
to  have  the  official  ballot  printed  and  distributed.  Each  of  the 
commissioners  before  acting,  shall  take  and  subscribe  the  oath  of 
office  prescribed  by  the  constitution,  and  file  the  same  in  the  of- 
fice of  the  clerk  of  the  chancery  court,  there  to  remain.  While 
engaged  in  their  duties,  the  commissioners  shall  be  conservators  of 
the  peace  in  the  county,  with  all  the  duties  and  powers  of  such. 

4109.  (3603)  Appointment  of  registrars  (Acts  1900,  ch.  75). — The 
state  board  of  election  commissioners,  on  or  before  the  fifteenth  day 
of   February  succeeding  each  general   election,  shall   appoint  in  the 
several  counties  registrars  of  elections,    who  shall  hold    office  for 
four  years  and  until  their  successors  shall  be  duly  qualified..     And 
the  registrar  is  empowered  to   appoint  a  deputy  registrar,   with  the 
consent  of  the  board  of  election  commissioners,  who  may  discharge 
the  duties  of  the  registrar. 

4110.  (3604)    Election  districts. — Each  county    shall  be  divided 
into  election    districts,   which    shall  be  the  same  as  those  for    the 
election  of  members  of   the  board  of  supervisors,  or    a  subdivision 
thereof;   and  there    shall   be  only  one  voting  place  in  each   election 
district,  but  the  election  districts  and  voting  places  as  now  fixed  in 
each  county  shall  remain  until  altered. 

4111.  (3605)  When  districts  changed,   books  to  be  conformed. — 

•  The  board  of  supervisors  shall  have  the  power  to  alter  the  boun- 
daries of  the  election  districts;  and  if  they  order  a  change  in  the 
boundaries,  they  shall  notify  the  commissioners  of  election,  who 
shall  at  once  cause  the  registration  books  of  election  districts  af- 
fected thereby  to  be  so  changed  as  to  conform  to  the  change  of  dis- 
tricts, and  to  contain  only  the  names  of  the  qualified  electors  in 
the  election  districts  as  made  by  the  change  of  boundaries. 

The  commissioners  of  election,  under  previous  statutes,  alone  had  power  to 
change  the  election  districts,  and  the  change  of  the  boundaries  of  the  supervi- 
sor's district  did  not  alter  the  election  district.  Perkina  y.  Caraway,  59  Miss.,  222. 

4112.  (3606)     Boards  of  supervisors    to  define      districts: — The 

board  of  supervisors  shall  cause  an  entry  to  be  made  on  the  min- 
utes of  the  board  at  some  meeting,  as  early  as  convenient,  defin- 
ing by  metes  and  bounds  the  several  election  districts  in  the  coun- 
ty, and  designating  the  voting  place  in  each  district;  and  as  soon 
as  practicable  after  any  alteration  shall  have  been  made  in  any 
election  district,  or  any  voting  place  changed,  shall  cause  such  al- 
teration or  change  to  be  entered  on  the  minutes  of  the  board  in  such 
manner  as  to  be  easily  understood;  but  no  alteration  of  any  elec- 
tion district  shall  be  made  within  six  months  before  an  election 
to  be  held  in  the  district. 


— 14 — 

4113.  (3607)  Form  of  registration  books. — The  registration  books 
are  to  be  in  the  following  form:        They  shall  have  printed  at  the 
top  of  the  pages    the  oath  prescribed  by  section  two  hundred  and 
forty-two    of  the  constitution,   and  beneath    shall  be    ruled    appro- 
priate columns,   the  headings  of  which  shall  be  printed  respectively 
as  follows,  viz.:         Date  of  registration;    names    of    electors;    age; 
color;     occupation;    where   business   carried   on;     if  employed,      by 
whom;    place  of  residence  in    the  district;    what    oath    does  elector 
take?  if  more   than  one  person  of  same  name    in  district,  by  what 
appellation  does   elector  wish    to    be  called?   does   the  elector  read, 
or  does  he  understand  when  read    to  him  or  give  a  reasonable    in- 
terpretation? signature  of  elector;  remarks.        In  the  column  head- 
ed "what  oath  does  the  elector  take?"  the  registrar  shall  write  the 
word  "general,"  if  the  elector  take  the  general  oath  prescribed,  the 
word  "minister's"   if  he  take  the  oath  as  modified    by  the    paren- 
thetical sentence  therein,   and  the  words  "special  as  to  age,"  if  the 
elector    will,    as   provided  in    section  two  hundred  and  fifty-one  of 
the  constitution,  become   of  age  before  the  election  next  after   he 
proposes  to   register;   and   in  the  column  headed,  "does  the   elector 
read?"  etc.,   if  he   do  read,  the  word  "reads"  shall  be  entereu,  ana 
if  he  do   not  read,  but  understands  the  constitution    when  read    to 
him,  or  gives  a  reasonable  interpretation  thereof  when  read  to  him, 
the   word    "understands"  shall   be  entered. 

4114.  (3608)  Form  of  poll  book. — The  poll  book  of  each  election 
district  shall  have  printed  or  written  at  the  top  of  each  page  words 
to    designate    the  election  district  for    which  it  is   to  be  used,  and 
shall  be  ruled  in  appropriate  columns,  with  printed  or  written  head- 
ings  as  follows:        Date   of   registration;     name   of   electors;     age; 
color;   and  a  number    of    blank  columns  for  the  dates  of  elections. 
All    who  register    within  four    months  before  any    regular  election 
shall  be  entered  on  the  poll  books  immediately  after  such  exaction, 
and   not   before,  so  that  the  poll   books  will  show   only  the   names 
of  those    qualified  to  vote  at  such  election.        When  election  com- 
missioners determine  that   any  elector    is  disqualified  from    voting, 
by  reason  of  being  delinquent   for   poll  tax,  removal  from  the  pre- 
cinct, or  other  cause,    that  fact   shall  be  noted    on  the   registration 
book  and  his  name  shall  be  erased  from  the  poll  book.       After  dis- 
qualification for  delinquency  has  been  removed  in  subsequent  years, 
the  name  of  such  elector  shall  be  reinstated  on  the  poll  book  with- 
out re-registration,  and  that  fact  shall  be  noted  in   the  registration 
book. 

4115.  (3609)  Poll  books;  how   used  at   elections. — At  each  elec- 
tion the  managers  shall  cause  one  of  the  clerks  to  write  the  word 
"voted,"  in  the  column  having  at  its  head  the  date  of  the  election, 
opposite  the  name  of  each  elector  as  he  votes. 

4116.  (3610)    Registrar  to  keep    registration  and    pool  boo*s.— * 

The  registration  books  of  the  several  election  districts  of  each  coun- 
ty and  the  poll  books  heretofore  in  use  shall  be  delivered  to  the 
registrar  of  the  county,  and  they,  together  with  the  registration 
books  and  poll  books  hereafter  made,  shall  be  records  of  his  office, 
and  he  shall  carefully  preserve  the  same  as  such;  and  after  each 
election  the  poll  books  shall  be  speedily  returned  to  the  office  of 
the  registrar. 

4117.  (3611)    Registrar  to  register    voters. — The  registrar  shall 
register  on  the  registration  book  of  the  election  district  of  the  resi- 


—15— 

dence  of  such  person  any  one  appearing  before  him,  and  being,  upon 
exaamination,  by  him  adjudged  entitled  to  be  registered  as  an  elec- 
tor, upon  such  person  taking  and  subscribing  the  oath  required  by 
section  two  hundred  and  forty-two  of  the  constitution;  but  persons 
who  may  be  entitled  to  register  under  the  provisions  of  section  two 
hundred  and  fifty-one  of  the  constitution,  who  would  be  otherwise 
disqualified  by  reason  of  age,  may  take  the  oath  as  modified  by  that 
circumstance,  and  the  subscription  of  the  oath  shall  be  by  the  elector 
writing  his  name  or  making  his  mark  in  the  proper  column  in  the 
registration  book. 

4118.  (3612)    No  person  to  vote  who  has  not  paid  taxes   (Laws 
1894,  ch.  51). — A  person  shall  not  be  entitled  to  vote  at  any  elec- 
tion who  has  not  been  duly  registered  four  months  before  offering 
to   vote,  and  who    has  not  paid   all  taxes  which  have    been  legally 
required  of  him,  and  which  he  has  had  an   opportunity   of  paying 
according  to  law,    for  the  two  preceding    years,  on  or    before  the 
first  day  of  February  of  the  year  in  which  he  offers  to  vote. 

4119.  (3613)    Person  not  to   register  unless  he  can   read,  etc. — 

A  person  shall  not  be  registered  unless  he  be  able  to  read  any  section 
of  the  constitution,  or,  in  case  he  cannot  read,  unless  he  be  able  to 
understand  any  section  thereof  when  read  to  him,  or  to  give  a  rea- 
sonable interpretation  thereof. 

4120.  (3614)  Person   convicted  of  certain  crimes  not  to  be  reg- 
istered.—JA  person   who   has   been   convicted   of   bribery,   burglary, 
theft,  arson,  obtaining   money  or  goods  under  false  pretenses,   per- 
jury, forgery,  embezzlement,  or  bigamy,  shall  not  be  registered,  or  if 
registred,  the  name  of  such  person   shall  be  erased  from  the  regis- 
tration  book  on  which  it  may  be  found  by  the  registrar  or  by  the 
election  commissioners.       Whenever  any   person  shall   be  convicted 
in  the  circuit  court  of  his  county   of   any   of  said  crimes,  tht;  reg- 
istrar shall  thereupon  erase    his  name  from  the  registration   book; 
and  whenever  any  person  shall  be  convicted   of  any  of  said  crimes 
in  any  other  court  of  any  county,  the  presiding  judge  thereof,  or  the 
justice  of  the  peace,   shall,   on   demand,  certify  the  fact  in  writing 
to  the  registrar,  who  shall  thereupon  erase  the  name  of  such  person 
from  the  registration  book,  and  file  said  certificate   as  a   record  of 
his  office. 

4121.  Clerks  of  circuit  court  to    prepare    and    maintain  list  of! 
convicts    (Laws  1898,  ch.   62). — It  shall  be    the  duty    of  the  clerk 
of  the  circuit  court  of  each  county  to  prepare  and  keep  in  his  office 
a  full  and   complete  list,    in  alphabetical  order,  of  all  persons  con- 
victed  of  either  or  any  of  the  crimes  following,  to-wit:       Bribery, 
burglary,  theft,  arson,  obtaining  money  or  goods  under  false  pre- 
tenses, perjury,  forgery,  embezzlement  or  bigamy.       He  shall  enter 
the  names  of  all  persons  who  have  been  or  shall  hereafter  be  con- 
victed of  the  above  named  crimes  in  the  circuit  court  of  his  coun- 
ty, also  the  names  of  all  persons  officially  reported  to  him   by  any 
justice  of  the  peace,  ex-officio  justice  or  mayor  of  any  village,  town, 
or  city  of  his  county  in  a  book  prepared  and  kept  for  that  purpose, 
which  book  shall  be  furnished  the  said  clerk  by  the  board  of  super- 
visors,   and  it  shall  be  properly  ruled  with    spacings  showing  the 
names,  court,  crime  and  date  of  conviction.       He  shall  receive  ten 
cents  for  enrolling  each  name,  to  be  paid  out  of  the  county  treasury 
on  the  order  of  the  board  of  supervisors. 


—16— 

4122.  (3615)   When  and  where  registration  made;  notice    (Laws 
1894,  ch.  51). — The  registrar   shall  keep  his  books  open  at  his  of- 
fice, and   shall  register   the  electors    of  his  county  at  any  time  but 
in  the  year  of  every  general  election,  and  not  less  than  four  months 
before  said  election  the  registrar  shall  visit    and  spend    one  whole 
day   at  each  voting  precinct  in   his  county,  for   the  purpose  of  reg- 
istering voters,  after  having    given  notice    by  publication  for  three 
consecutive  weeks  of  the  times  and  places  of  such  visits.        The  reg- 
istration books  shall  not  be  removed  from  the  registrar's  office,  ex- 
cept as  herein  provided. 

Section  251  of  the  constitution  of  1890  and  this  section  have  reference  to  elect- 
ions contemplated  by  the  constitution  and  not  to  local  option  elections  held  un- 
der section  1610  of  the  code  of  1892  (code  1906,  sec.  1777),  and  the  fact  that  such  an 
election  has  been  ordered  does  not  interfere  with  the  registration  of  voters.  Bew 
v.  State,  71  Miss.,  1  (13  So.,  868. 

4123.  (3616)   Penalty  for  illegally    procuring  registration. — Any 

person  who  shall  knowingly  procure  his  registration  as  a  qualified 
elector  when  he  is  not  entitled  to  be  registered,  or  under  a  false 
name,  or  as  a  qualified  elector  in  any  other  election  district  than 
that  in  which  he  resides,  shall,  on  conviction,  be  fined  not  ex- 
ceeding one  hundred  dollars  or  imprisoned  in  the  county  jail  not 
exceeding  one  year,  or  both.  The  same  penalty  shall  apply  t^o  any- 
one who  is  disqualified  for  any  cause  and  shall  re-register  before 
removal  of  such  disqualification  to  avoid  the  same,  and  to  all  who 
shall  in  any  way  aid  in  such  false  registration.  (See  Sec.  1120, 
4175,  4176.) 

4124.  (3617)  False  entry  and  alteration  of  books  punished. — Any 

false  entry  on  any  registration  book,  or  poll  book,  made  knowingly, 
and  any  unauthorized  erasure  or  alteration  therein,  shall  be  pun- 
ished as  provided  for  the  alteration  of  any  other  public  record.  (See 
Sec.  1035  ) 

4125.  (3618)    New  books    procured  when  necessary. — When  the 
registration  books  shall  be  filled,  the  board  of  supervisors    of  the 
county  shall  procure  others,  to  be  kept   and  used  as  herein   direct- 
ed, or  they  may  cause  the  books  in  use  at  any  time  to  be  enlarged 
so  as  to  contain  the  names  of  all  persons  who  may  be  registered; 
and  the  board  of  supervisors  shall  cause  new  poll  books  to  be  made 
from   time  to  time   as  may   be -necessary  or  proper;   and  in   case  of 
the  destruction  or  mutilation  of  the  registration  books  or  poll  books, 
so  as  to   make  it  proper  to  have  the   names  of   the  electors  on   the 
old  books  transcribed  into  new  ones,  the  board  shall  cause  it  to  be 
done,  and  the  new  books  so  made  shall  have  the  same  effect  as  the 
old  ones.       (See  Sec.  3184.) 

4126.  (3619)   New  registration  when   books  lost  or  destroyed. — 

Should  the  registration  books  of  any  county  be  lost  or  destroyed, 
the  board  of  supervisors  may  adjudge  the  fact,  and  direct  a  new 
registration  of  the  voters  to  be  made;  and  the  registrar  being  so 
directed,  shall  make  a  new  registration,  as  herein  provided,  of  the 
qualified  electors  of  his  county  on  new  books  to  be  provided  by  the 
board. 

4127.  3620)    New  registration  in  case  of  confusion. — -If  at  any 

time  the  registration  books  of  the  county  be  adjudged  by  the  board 
of  supervisors  to  be  in  such  confusion  that  a  new  registration  is  nec- 
essary to  determine  correctly  the  names  of  the  qualified  electors 


— 17 — 

and  the  election  district  of  each,  the  board  may  order  a  new  reg- 
istration of  voters  to  be  made  in  like  manner  as  in  case  of  the 
]oss  or  destruction  of  the  books. 

4128.  (3621)    Books  lost  within  four  months  of  election. — If  the 

poll  book  of  any  election  district  be  lost  or  destroyed  within  four 
months  of  a  general  election,  and  the  registration  book  be  also  lost 
or  destroyed,  the  board  of  supervisors  shall  adjudge  the  fact  of 
such  loss  or  destruction,  and  certify  the  same  to  the  election  com- 
missioners, who  shall  at  once  give  such  notice  as  time  will  allow  for 
the  electors  to  meet  them  at  the  polling  place,  and  shall,  according 
to  the  notice,  visit  the  polling  place  with  the  registrar,  and  there, 
in  conjunction  with  him  and  the  electors  who  shall  appear  before 
them,  make  a  poll  book  for  the  election  district, .to  contain  the  names 
of  all  electors,  as  far  as  possible,  whom  the  proof  shall  show  who 
registered  four  months  before  the  date  of  the  next  election,  and  no 
others.  When  the  commissioners  have  completed  the  poll  book, 
they  shall  number  the  electors  from  one  consecutively  under  each 
letter,  and  append  to  the  book  their  certificate  of  the  number  of 
electors  under  each  letter,  and  any  alteration  of  such  poll  book  shall 
be  punished  as  provided  for  the  alteration  of  a  public  record.  The 
electors  whose  names  appear  on  such  poll  book  shall  be  entitled 
to  vote  at  the  succeeding  election  as  they  would  if  the  books  nad  not 
been  lost  or  destroyed.  (See  Sec.  1035.) 

4129.  (3622)   The  registrar's   compensation. — The  registrar  shall 
be  entitled  to  such  compensation,  payable  out  of  the  county  treasury, 
as  the  board  of  supervisors  of  the  county  may  allow. 

4130.  (3623)    Meetings  of    commissioners  to  hear    appeals. — The 

board  of  commissioners  shall  meet  at  the  court-house  of  their  coun- 
ty on  the  first  Monday  in  October  after  appointment,  and  shall  re- 
main in  session  from  day  to  day,  so  long  as  business  may  require. 
Two  commissioners  shall  constitute  a  quorum  to  do  business;  but 
the  concurrence  of  at  least  two  commissioners  shall  be  ncessary 
in  all  cases  for  the  rendition  of  a  decision.  The  commissioners 
shall  v«pqr  and  determine  all  appeals  from  the  decisions  of  the  reg- 
istrar of  their  county,  allowing  or  refusing  the  applications  of  elec- 
tors to  be  registered;  and  they  shall  correct  illegal  or  improper 
registrations,  and  shall  secure  the  elective  franchise,  as  effected  by 
registration,  to  those  who  may  be  illegally  or  improperly  denied  the 
same. 

Evidence  is  admissible  to  show  the  number  of  names  remaining:  on  the  reg- 
istration books  of  the  county  after  all  proper  erasures,  in  a  contest  as  to  whether 
the  removal  of  a  county  seat  was  carried  at  an  election  by  the  requisite  majority 
of  all  the  qualified  voters  of  the  county.  Simpson  Co.  v.  Buckley,  85  Miss.  713. 
38  So.  104. 

4131.  (3624)    Appeal  by  person  denied  registration. — Any  peison 
denied  the  right  to  register  as  a  voter  may  appeal »from  the  decision 
of  the  registrar  to  the  board  of  election  commissioners  by  filing  with 
the   registrar,  on  the   same  day  of  such    denial  or  within   five  days 
thereafter,  a   written   application  for  appeal. 

4132.  (3625)  Appeal  by  other  than  person  denied. — Any   elector 
of  the  county  may  likewise  appeal  from  the  decision  of  the  registrar 
allowing  any  other   person  to  be   registered  as  a   voter;  but  before 
the  same  can  be  heard,  the  party  appealing  shall  give  notice  to  the 
person  whose  registration  is  appealed  from,  in  writing,  stating  the 


—18— 

grounds  of  the  appeal;  which  notice  shall  be  served  by  the  sheriff 
or  a  constable,  as  process  in  other  courts  is  required  to  be  served; 
and  the  officer  may  demand  and  receive  for  such  service,  from 
the  person  requesting  the  same,  the  sum  of  one  dollar. 

4133.  (3626)  Appeal  heard  de  novo.  —  All  cases  on  appeals  shall 
be  heard  by  the  boards  of  elction  commissioners  de  novo,  and  oral 
evidence  may  be  heard  by  them;  and  they  are  authorized  to  ad- 
minister oaths  to  witnesses  before  them,;  and  they  have  power  to 
subpoena  witnesses,  and  to  compel  their  attendance;  to  send  for  per- 
sons and  papers;  to  require  the  sheriff  and  constables  to  attend  them 
and  to  execute  their  process.  The  decisions  of  the  commission- 
ers in  all  cases  shall  be  final  as  to  questions  of  fact,  but  as  to  mat- 
ters of  law  they  may  be  revised  by  the  circuit  and  supreme  courts. 
The  registrar  shall  obey  the  orders  of  the  commissioners  in  directing 
a  person  to  be  registered,  or  a  name  to  be  stricken  from  the  regis- 
tration books. 

4134    (3627)    Appeal  from    the  decision  of  the    commissioners.  — 

Any  elector  aggrieved  by  the  decision  of  the  commissioners,  shall 
have  the  right  to  file  a  bill  of  exceptions  thereto,  to  be  approved 
and  signed  by  the  commissioners,  embodying  the  evidence  in  the 
case  and  the  findings  of  the  commissioners,  within  two  days  after 
the  rendition  of  the  decision,  and  may  thereupon  appeal  to  the  cir- 
cuit court  upon  the  execution  of  a  bond,  with  two  or  more  sufficient 
sureties  to  be  approved  by  the  commissioners,  in  the  sum  of  one 
hundred  dollars,  payable  to  the  state,  and  conditioned  to  pay  all 
costs  in  case  the  appeal  shall  not  be  successfully  prosecuted;  and 
in  case  the  decision  of  the  commissioners  be  affirmed,  judgment 
shall  be  entered  on  the  bond  for  all  costs. 

4135.  (3628)  Duty  of  commissioners  in  case  of  appeal  to  circuit 
court.  —  It  shall  be  the  duty  of  the  commissioners,  in  case  of  appeal 
from  their  decision,  to  return  the  bill  of  exceptions  and  the  appeal 
bond  into  the  circuit  court  of  the  county  within  five  days  after  the 
filing  of    the    same  with  them;    and  the    circuit    courts  shall  have 
jurisdiction  to  hear  and  determine    such  appeals. 

4136.  (3629)  Proceedings  in  the  circuit  court.  —  Should  the  judg- 
ment of  the  circuit  court  be   in  favor  of  the  right  of   an  elector  to 
be  registered,  the  court  shall  so  order,  and  shall,   by  its  judgment, 
direct  the  registrar  of  the  county  forthwith  to  register  him.     Costs 
shall  not.    in    any  case,  be  adjudged    against   the  commissioners  or 
the  registrar. 

4137.  (3630)    Costs;    compensation,   etc.  —  <The  election   commis- 
sioners shall  not   award   costs  in  proceedings  before   them;    but  the 
circuit  and  supreme  courts  shall  allow  costs,  «,s  in  other  cases.      The 
sheriffs,  when  required  to  attend  before  the  commissioners  at  their 
meetings,    shall  be   paid  two  dollars    a  day,  to  be  allowed    by  the 
boards  of  supervisors. 


4138.  (3631)  Who  entitled  to  vote.  —  Every  mftte  inhabitant  of 
this  state  except  idiots,  insane  persons,  and  Indians  not  taxed,  who 
is  a  citizen  of  the  United  States,  twenty-one  years  old  and  upwards, 
who  has  resided  in  this  state  two  years,  and  one  year  in  the  election 
dictrict  or  city,  town  or  village  in  which  he  offers  to  vote,  and  who 
is  able  to  read  any  section  of  the  constitution  of  the  state,  or,  if 
unable  to  read  the  same,  who  is  able  to  understand  the  same  when 


read  to  him,  or  give  a  reasonable  interpretation  thereof,  and  who 
shall  have  been  duly  registered  as  an  elector  by  an  officer  of  this 
state  under  the  laws  thereof,  and  who  has  never  been  convicted  of 
bribry,  burglary,  theft,  arson,  obtaining  money  or  goods  under  false 
pretenses,  perjury,  forgery,  embezzlement,  or  bigamy,  and  who  has 
paid  all  taxes  which  may  have  been  legally  required  of  him,  and 
which  he  has  had  an  opportunity  to  pay  according  to  law,  for  the 
two  preceding  years,  and  who  shall  produce  to  the  officers  holding 
the  election  satisfactory  evidence  that  he  has  paid  such  taxes  on  or 
before  the  first  day  of  February  of  the  year  in  which  he  shall  offer 
to  vote,  shall  be  a  qualified  elector  in  and  for  the  election  district 
or  city,  town,  or  village  of  his  residence,  and  shall  be  entitled  to 
vote  at  any  election  held  not  less  than  four  months  after  his  reg- 
istration; but  any  minister  of  the  gospel,  in  charge  of  an  organized 
church,  shall  be  entitled  to  vote  after  six  months'  residence  in  the 
election  district,  city,  town,  or  village,  if  otherwise  qualified. 

Registration  for  the  election  district  in  which  one  offers  to  vote  ia  necessary 
o  entitle  him  to  vote.    Perkins  v.  Caraway,  59  Miss.,  222. 

4139.  (3632)  When  general  elections  held. — All  elections  by  the 
people  shall  be  by  ballot,  and   shall  be  concluded  in   one  day.       A 
general  election   shall   be  held   in  the  several  counties  on  the  first 
Tuesday  after  the  first  Monday  of  November,  in  the  year  1907,  and 
every  four  years  thereafter. 

4140.  (3633)  Officers  to  be  elected. — At  the  election  in  1907,  and 
every  four  years  thereafter,  there  shall  be  elected  a  governor,  lieu- 
tenant-governor, secretary  of  state,  auditor  of  public  accounts,  state 
treasurer,    attorney-general,   superintendent    of    public       education, 
three  railroad  commissioners,  land  commissioner,  clerk  of  the    su- 
preme court,  commissioner  of  insurance,    senators  and  members  of 
the  house  of  representatives  in  the  legislature,  district  attorneys  for 
the  several  districts,  clerks  of  the  circuit  and  chancery  courts  of 
the    several  counties,  as  well  as    sheriffs,    coroners,  treasurers,    as- 
sessors,   surveyors    and  members  of  the  board    of  supervisors,  jus- 
tices of  the  peace  and  constables,  and  all  other  officers  to  be  elected 
by  the  people.      All  such    officers  shall  hold  their    offices  for  the 
term  of  four  years,  and  until  their  successors  are  elected  and  qual- 
ified.       The   state    oficers',   including   railroad   commissioners,    land 
commissioner,  and  the  clerk  of  the  supreme  court,  shall  be  elected  in 
the  manner  prescribed  in  section  one  hundred  and  forty  of  the  con- 
stitution. 

4141.  (3634)  Commissioner  of  election,  etc.,  not  to  be  candidate, 
etc. — A  commissioner  of   election  shall  not  be  a   candidate  for  any 
office   at  any  election  for  which  he   may  have  been   appointed,  and 
with  reference  to  which  he  has  acted  as  such;   and  all  votes  cast  for 
any  such  person  at  such  election  shall  be  illegal,  and   shall  not  be 
counted.        (See  Sec.  3437.) 

4142.  3635)    Commissioners   to  revise    registration   books,   etc. — 

On  the  first  Monday  of  October  preceding  a  general  election,  and 
five  days  before  any  other,  the  commissioners  of  election  shall  meet 
at  the  office  of  the  registrar  and  carefully  revise  the  registra- 
tion books  and  the  poll  books  of  the  several  election  districts,  and 
shall  erase  therefrom  the  names  of  all  persons  erroneously  there- 
on, or  who  have  died,  removed,  or  become  disqualified  as  electors 
from  any  cause;  and  shall  register  the  names  of  all  persons  who 


-20 — 


have  duly  applied  to    be  registered  and  have  been  illegally  denied 
registration. 

4143.  (3636)     Registrar    to    attend   certain   meetings. — The   reg- 
istrar  shall   attend  the  meetings    of  the   commissioners,   and    shall 
furnish  them  the  registration  books    and  the  poll  books,  and  shall 
render  them  all  needed  assistance  of  which  he  is  capable  in  the  per- 
formance of  their  duties  in  revising  the    list  of  qualified  electors. 

4144.  (3637)  Of  ballot  boxes. — The  commissioners  of  election  in 
each  county  shall  procure,  if  not  already  provided,  a  sufficient  num- 
ber  of  ballot    boxes,   which   shall  be   distributed   by    them    to    the 
election   districts    of   the   county   before   the   time   for   opening   the 
polls.       The  boxes  shall  be  secured  by  good  and  substantial  locks, 
and,    if  an  adjournment  shall  take  place  after  the  opening  of  the 
polls    and  before  all  the  votes  shall  be    counted,    the    box   shall  be 
securely  locked,   so   as  to   prevent  the  admission   of   anything  into 
it,   or  the  taking  of   anything   from  it,  during  the  time  of  aujuurn- 
ment;   and  the  box   shall  be  kept  by   one  of  the  managers  and  the 
key  by  another  of  the  managers,  and  the  manager   having  the   box 
shall  carefully  keep  it,  and    neither  unlock   or  open  it  himself   nor 
permit  it  to  be   done,  nor  permit  any  person  to  have  any  access   to. 
it   during  the   time    of   adjournment.         The   box  shall   not  be    re- 
moved from  the  polling  building  or  place  after  the  polls  are  opened 
until   the   count  is  complete,  if  as   many  as  three  qualified  electors 
object.        After    each   election    the  ballot-boxes   shall   be   delivered, 
with   the   keys   thereof,   to   the    clerk    of   the     circuit   court    of   the 
county  for    preservation;    and  he  shall  keep  them    for  future    use, 
and,  when  called  for,  deliver  them  to  the  commissioners  of  election. 

4145.  (3638)  Bailiffs  to  keep  the  peace  appointed. — The  commis- 
sioners of  election   shall   appoint,  by  writing,  an  election  bailiff  for 
each    election  district,   to   be  present   during  the    election  to    keep 
the  peace  and  to  protect  the  voting  place,  and  to  prevent  imyiopei 
intrusion  upon  the   voting  place    or  interference  with  the  election, 
and  to  arrest  all  persons  creating  any  disturbance  about  the  voting 
place,  and  to  enable  all  qualified  electors  who  have  not  voted,   and 
who  desire  to    vote,  to  have  unobstructed  access    to    the    polls  for 
the  purpose  of  voting  when  others  are  not  voting. 

4146.  (3639)    Managers    may    appoint    the  bailiff. — tff  the   com- 
missioners of  election  fail  to  appoint  the  bailiff,  or  if  their  appointee 
fail  to  serve,  the  managers  of  election  may  appoint  such  officer. 

4147.  (3640)  Duty  of  election  bailiff. — It  shall  be  the  duty  of  the 
bailiff   to  be   present   at   the  voting  place,  and  to   take  such    steps 
as   will   accomplish  the   purpose  of   his  appointment,   and   he   shall 
have  full   power  to   do  so,  and  he  may  summon  to   his  aid   all  per- 
sons present  at  the  voting  place.        A  space  thirty  feet  in    every 
direction   from    the    polls,    or  the  room   in  which    the   election    is 
held,  shall  be  kept  open  and  clear  of  all  persons  except  the  election 
officers  and  two  challengers  of  good  conduct  and  behavior,  selected 
by   each  party  to  detect  and  challenge  illegal  voters;   and  the  elec- 
tors shall  approach  the  polls  from  one  direction,  line,  door  or  pas- 
sage,  and  depart  in  another  as  nearly  opposite  as  convenient. 

4148.  3641)    When  city    or  part  of  county  entitled    to    separate 
representation. — When  a  city  or  part  of  a  county  is  entitled  to  sep- 


— 21 — 


arate  representation  in  the  legislature,  the  commissioners  of  elec- 
tion shall  prepare  for  the  election,  and  shall  receive  and  canvass 
the  returns,  declare  the  result,  and  transmit  it  to  the  secretary  of 
state,  and  act  in  all  respects  as  in  other  elections. 

4149.  (3642)   When  the  commissioners  fail  to  act. — If  there  shall 
not  be  commissioners   of  election    in  any  county,  or  if  they  fail  to 
act,  the  duties  prescribed  for  them  shall  be  performed  by  the  board 
of  supervisors;  in  which  case  the  president  of  the  board  is  charged 
with  the  duty  of  having  the  official  ballot  printed  and  distributed; 
and    the   managers   of    election   shall    make  returns  to  the   board, 
which  shall   canvass  the  returns,    give  certificates  of  election,  and 
make  report  to   the  secretary  of  state,  in  like  manner  as  the  com- 
missioners of  election  are  required  to  do. 

4150.  (3643)    Managers    of  election    appointed. — Prior  to   every 
election  the  commissioners  of   election    shall  appoint  three  persons 
for  each  election  district  to  be  managers  of  the  election,  who  shall 
not  all    be  of  the  same  political  party,    if    suitable  persons  of  dif- 
ferent political  parties  can  be  had  in  the  district,  and,  if  any  person 
appointed  shall  fail   to   attend  and  serve,  the  managers  present,    if 
any,  may  designate  one  to  fill  his  place;    and  if  the  commissioners 
of  election   fail   to  make  the  appointments,  or,  in    case  of  the  fail- 
ure of  all  those   appointed  to  attend  and  serve,  any  three  qualified 
electors  present  when  the  polls  should  be  opened  may  act  as  man- 
agers. 

4151.  (3644)    Duties  and  powers    of    managers. — The  managers 
shall  take  care  that  the   election   is  conducted  fairly  and  agreeably 
to  law,  and   they  shall  be  judges  of   the    qualifications  of  electors, 
and  may  examine,  on  oath,  any  person  duly  registered  and  onering 
to  vote  touching  his  qualifications    as    an  elector,  which  oath  any 
of  the  managers  may  administer. 

4152.  (3645)  Clerks  of  election. — The  managers  of  election  shall 
appoint    two    clerks,  and  the  managers  and  clerks  shall    be    sworn 
by  some  officer  present  competent  to  administer  oaths,  'or  each  may 
be    sworn  by  one    of    the  others,  faithfully  to  perform  their  duties 
at  the  election  according  to  law,  and  not  to  attempt  to  guide,  aid, 
direct,  or   influence  any  voter  in  the   exercise  of  his  right  to    vote, 
except  as  expressly  allowed    by  law. 

4153.  (3646)    Blank  returns,   stationery,  etc.,  to   be  furnished. — 

The   commissioners    of   election    shall    furnish    to   the    managers   at 
each  voting  place  a  sufficient  quantity  of  stationery  for  use  in  hold- 
ing the    election,    and  also  blank  forms  to  be  used  in  making   ic- 
turns  of  the  election,  including  blank  tally  sheets  with  printe  , 
tion  and  suitable  size  and  ruling. 

4154.  (3647)   Sheriff  to  provide  voting  compartments,  etc. — The 

sheriff  shall  provide  at  each  election  place  a  sufficient  number  of 
voting  compartments,  shelves,  and  tables,  for  the  use  of  electors, 
which  shall  be  so  arranged  that  it  will  be  impossible  for  one  voter 
in  one  compartment  to  see  another  voter  who  is  preparing  the 
ballot.  The  number  of  voting  compartments  and  shelves  or  tables 
shall  not  be  less  than  one  to  every  one  hundred  electors  in  the  elec- 
tion district.  Each  compartment  shall  be  supplied  and  have  posted 
up  in  it  a  card  of  instructions,  and  be  furnished  with  other  conven- 


— 22 — 

iences    for    marking  the  ballots.  (Election     ordinance,      section 

3438.) 

4155.  (3648)  How  to  conduct  the  election  and  count  the   ballots. 

—The  polls  shall  be  opened  at  nine  o'clock  in  the  morning,  and  be 
kept  open  until  six  o'clock  in  the  evening  and  no  longer;  and  ev- 
ery person  entitled  to  vote  shall  deliver  an  official  ballot,  prepared 
in  accordance  with  law,  to  one  of  the  managers  in  the  presence 
of  the  others,  which  ballot  shall  be  put  into  the  ballot  box,  and  at 
the  same  time  one  of  the  clerks  shall  take  down  on  a  list  tn«  iiamfc 
of  every  person  voting,  and  the  other  shall  make  the  proper  entry 
on  the  poll  book.  And  when  the  polls  shall  be  closed,  the  man- 
agers shall  publicly  open  the  box  and  count  the  ballots,  at  the 
same  time  reading  aloud  the  names  of  the  persons  voted  for,  which 
shall  be  taken  down  by  the  clerks  in  the  presence  of  the  man- 
agers; and  if  there  be  two  or  more  ballots  rolled  up  together,  nei- 
tuer  shall  be  counted. 

4156.  (3649)    Certain  ballots  not  to    be  counted. — If   the    voter 
mark  more  names  than  there  are  persons  to  be  elected  to  an  office, 
or  if  from   any  reason  it   be  impossible  to  determine  from  the  bal- 
lot the  voter's  choice  for  any  office  voted  for,  his  ballot  so  cast  shall 
not    be   counted    for   that    office.        A   ballot    not   provided    in    ac- 
cordance with    law    shall  not  be  deposited  or    counted.        (Election 
ordinance,  section  15.) 

4157.  (3650)    Official  ballot;    expense  of  printing. — IThe    ballots 
in  all  elections  shall  be    printed    and  distributed  at  the    public  ex- 
pense, and  shall  be   known  as    "official  ballots."        The  expense  of 
printing  ?uch   ballots  shall   be  paid  out  of-  the   county  treasury,  ex- 
cept that  in  municipal  elections  such  expenses   shall  be  paid  by  the 
respective  cities,  towns,   and    villages.         (Election  ordinance    sec- 
tion 37.) 

4158.  (3651)    Who  to  have  printed  ;*  printer  sworn  to  secrecy. — 

It  shall  be  the  duty  of  one  of  the  election  'commissioners,  designat- 
ed for  that  purpose  in  his  commission  by  the  authority  appointing 
tli  3  commissioners,  to  have  printed  all  necessary  ballots  for  use 
in  elections,  except  ballots  in  municipal  elections,  which  shall  be 
printed  as  herein  provided  by  the  authorities  of  the  respective  mu- 
nicipalities; and  the  election  commissioners  shall  cause  the  official 
ballot  to  be  printed  by  a  printer  sworn  to  keep  the  ballots  secret 
under  the  penalty  prescribed  by  law.  The  printer  shall  deliver  to 
the  election  commissioners  for  holding  primary  and  other  elections, 
a  certificate  of  the  number  of  tickets  printed,  for  each  precinct,  and 
shall  not  print  any  additional  tickets,  except  on  instruction  of  proper 
election  commissioners;  and  failure  to  observe  either  of  these  re- 
quirements shall  be  a  misdemeanor.  (Election  ordinance,  sec- 
tion 2.) 

4159.  (3652)    BalJots;    what  to    contain. — The  ballot  so   printed 
shall    contain  the  names    of    all  candidates  who  have  been  put  in 
nomination,  not  less  than  fifteen  days  previous  to   the  day  of  elec- 
tion,   by  the  primary  election  of  any  political    party.        There  shall 
be  printed  on  the  ballots  the  names  of  all  candidates  so  nommateC 
whether  the  nomination  be  otherwise  known  or  not,  upon  the  writ- 
ten request   of   one  or  more  of  the   candidates  so  nominated,  or   of 
any  qualified  elector  who  will  make  oath  that  he  was  a  participant 


— 23 — 


in  the  primary  election,  and  that  the  person  whose  name  is  pre- 
sented by  him  was  nominated  by  such  primary  election.  The 
commissioner  shall  also  have  printed  on  the  ballot  the  name  of 
any  qualified  elector  who  has  been  requested  to  be  a  candidate  for 
any  office,  by  a  written  petition  signed  by  at  least  fifteen  qualified 
electors,  for  any  beat  or  municipal  office  in  a  town  or  village  of 
le<?s  than  three  hundred  inhabitants,  or  fifty  qualified  electors  for 
any  other  office,  and  when  the  petition  or  request  has  been  presented 
to  said  commissioner  not  less  than  fifteen  days  before  the  election; 
but  if  any  candidate  has  been  so  nominated,  or  has  been  so  requested 
to  become  a  candidate,  less  than  fifteen  days  before  the  election, 
his  name  shall  not  be  printed  upon  the  ballot.  (Election  ordi- 
nance, section  2.) 

4160.  (3653)    Further    as  to    form  of  ballots;    blank    spaces. — 

There  shall  be  left  on  each  ballot  one  blank  space  under  the  title 
of  each  office  to  be  voted  for,  and  in  the  event  of  the  death  of 
any  candidate  whose  name  shall  have  been  printed  on  the  official 
ballot,  the  name  of  the  candidate  duly  substituted  in  the  place  of 
such  deceased  candidate,  may  be  written  in  such  blank  space  by  the 
voter.  (Election  ordinance,  section  1.) 

4161.  (3654)  Further  as  to  form  of  ballots;  constitutional  amend- 
ments,  etc. — Whenever  the  question  of  a  constitutional  amendment, 
or  other    question  or  matter  admitting    of    an  affirmative  or  nega- 
tive   vote  is  submitted    to  a  vote  of    the  electors,  the    amendment, 
question,  or  matter  shall  be  printed  on  the  official  ballot,  together 
with  the  names  of  the  candidates,  if  any,  and  also  the  words  "for" 
and  "against"  to  be  so  arranged  by  the  proper  officer  that  the  voter 
can  intelligently  vote  his   preference,    by   making  a  cross  mark   (x) 
opposite  the  word  indicating  his  preference.       And  immediately  fol- 
lowing   the  title  of  each  office  shall  be  printed  the    words    "vote 
for   one,"  or  "vote  for  two,"  or  more,  according  to  the  number   to 
be  elected.        (Election  ordinance,  section  4.) 

Since  a  local  option  election  under  section  1610  of  the  code  of  1392,  code  1906, 
sec.  1777,  is  not  an  election  controlled  by  the  provisions  of  the  constitution  of 
1890,  the  ballots  used  at  such  election  do  not  have  to  conform  to  the  provisions  of 
the  constitution  of  1890.  It  is  enough  for  the  ballot  to  contain  the  words  "for  the 
sale"  and  "against the  sale"  Lehman  v.  Porter,  73  Misa.  216.  18  So.,  920. 

4162.  (3655)  Names  of  candidates  not  to  be  left  off  the  ballot 

After  the  proper  officer  has  knowledge  of  or  has  been  notified  of 
the  nomination,  as  provided,  of  any  candidate  for  office,  the  of- 
ficer shall  not  omit  his  name  from  the  ballot,  unless  upon  the  writ- 
ten request  of  the  candidate  nominated,  made  at  least  ten  days  be- 
fore the  election;  and  every  ballot  shall  contain  the  names  of  all 
candidates  nominated  as  specified,  and  not  duly  withdrawn.  (Elec- 
tion ordinance,  sections  3,  4.) 

4163.  (3656)  Arrangement  of  names  on  ballots;  sample  ballots. — 

The  arrangement  of  the  names  of  the  candidates,  and  the  order  in 
which  the  titles  of  the  various  offices  shall  be  printed,  and  the  size, 
print  and  quality  of  paper  of  the  official  ballot  is  left  to  the  dis- 
cretion of  the  officer  charged  with  printing  the  official  ballot; 
but  the  arrangement  need  not  be  uniform.  It  is  the  duty  of  the 
secretary  of  state,  with  the  approval  of  the  governor,  to  furnish 
the  designated  commissioner  of  each  county  a  sample  of  the  of- 
ficial ballot,  the  general  form  of  which  shall  be  followed  as  nearly 
as  practicable.  (Election  ordinance,  section  4.) 


— 24— 

4164.  (3657)    What  printed  on  back  of  ballot. — On  the  back  and 
outside  of  the  ballot  shall  be  printed  the  words,  "official  ballot,"  the 
name  of  the  election  district  or  place  for    which  the  ballot  is  pre- 
pared, and   the  date  of  the  election.        (Election  ordinance,  section 
4.) 

4165.  (3658)  Ballots  attached  together;  all  to  be  accounted  for. — 

All  official  ballots  intended  for  use  at  any  voting  place  shall  be 
fastened  together,  in  convenient  numbers  and  in  some  secure  man- 
ner, but  in  such  way  that  they  may  be  detached  for  use.  A 
record  of  the  number  of  official  ballots  printed  and  furnished  to 
each  voting  place  shall  be  kept,  and  all  the  ballots  shall  be  ac- 
counted for  by  the  officer  charged  with  the  printing  of  the  bal- 
lots and  by  those  designated  to  distribute  them  at  the  polls. 
(Election  ordinance,  section  5.) 

4166.  (3659)   Number  of  ballots  printed;    cards  of   instruction. — 

The  officer  charged  with  printing  and  distributing  the  official 
ballot  shall  ascertain  from  the  registrar  at  least  ten  days  before  the 
day  of  election,  the  number  of  registered  voters  m  each  election 
district;  and  he  shall  have  printed  and  distributed  a  sufficient  num- 
ber of  ballots  for  use  in  each  district.  He  shall  also  prepare  full 
instructions  for  the  guidance  of  electors,  at  elections  as  to  obtaining 
ballots,  the  manner  of  marking  them,  and  the  mode  of  obtaining 
new  ballots  in  the  place  of  those  spoiled  by  accident.  The  in- 
structions shall  be  printed  in  large,  clear  type,  on  "cards  of  in- 
struction," and  the  officer  shall  furnish  the  s^mo  in  sufficient 
numbers  for  the  use  of  the  electors.  The  cards  shall  be  preserved 
by  the  officers  of  election,  and  returned  by  them  to  the  commis- 
sioners of  election;  and  they  may  be  used,  if  applicable,  in  sub- 
sequent elections.  (Election  ordinance,  section  6.) 

4167.  (3660)    Manager  of    election  designated  to  distribute   bal- 
lots.—^The  commissioner  of  election  designated    to    have  the  offic- 
ial   ballots  printed    and   distributed    shall,   in  appointing  the  man- 
agers of  election,    designate  one  of  the  managers  at    each    voting 
place  to   receive   and   distribute  the  official   ballots,   and    shall   de- 
liver to  him  the  proper  number  of  ballots  and  cards  of  instruction 
for  his  district  not   less  than  one  day  before  the  election;   and  the 
manager    receiving   the   ballots   from   the   commissioner    shall    dis- 
tribute the  same  to  the  electors  of  his  district  in  the  manner  herein 
provided.        (Election  ordinance,  sections  7,  9.) 

4168.  (3661)    When    there    are  no  official  ballots. — In  case  the 
official  ballots  prepared  shall  be  lost  or  destroyed,  the  commissioner 
of   election    shall  have  like  ballots  furnished  in  place  of  those   lost 
or    destroyed,  if  time  remain  therefor.        And    if  from    any  cause 
there  should  be   no  official  ballots  at  a  voting  place,  and  not   suf- 
ficient   time   in    which   to    have  them  printed,   the  ballots  may    be 
written;  but,  if  written  by  anyone  except  the  voter  alone  for  himself 
the  names  of    all    candidates  shall  be  written  thereon,  without  any 
mark  or   device  by  which  one  name  may  be  distinguished  from  an- 
other, and    such   ballots  shall   be  marked  by  the  voter  as    provided 
for  printed  ballots.        If  the  manager  designated  fail  to    have  the 
ballots  at  the  voting  place  at  the  proper  time,  or  if  he  fail  to  dis- 
tribute   them,  the  managers,  or  those  of  them  present  at  the  elec- 
tion,  shall  provide  ballots,   and  select  some  suitable  person  to   dis- 
tribute them,    who  shall  take  tlie  oath   required  of  the  managers, 


—25— 

and  distribute  the  ballots  according  to  law.  (Election  ordinance, 
sections  8,  9.) 

4169.  (3662)  The  loss  of  official  ballots  to  be  reported. — Within 
three  days  after  election  day,  the  managers  of  election  shall  report 
to  the  election  commissioners,  under  oath,  as  to  the  loss  of  oincia1* 
ballots,  the  number    lost,  and  all  facts  connected  therewith,  which 
report  the  commissioners  may  deliver  to  the  grand  jury,  if  deemed 
advisable.       (Election  ordinance^  section  8.) 

4170.  (3663)  Ballots; how  distributed  at  the  polls. — The  manager 
of  election,  having  the  official  ballots  shall  remain  at  the  polls,  at 
a  place  convenient  to  the  voting    compartments,  tables  or  shelves, 
for  the  distribution  of  the  ballots;  and,  when  requested  by  an  elector 
entitled  to  vote,  shall  hand  him  an  official  ballot.         (Election  or- 
dinance, section  11.) 

4171.  (3664)  Voting;  ballot  to  be  marked  with  ink,  and  folded. — 

On  receiving  his  ballot,  the  voter  shall  forthwith  go  into  one  of  the 
voting  compartments,,  and  shall  there  prepare  his  ballot  by  mark- 
ing with  ink  in  the  appropriate  margin  or  place  a  cross  (x)  op- 
posite the  name  of  the  candidate  of  his  choice  for  each  office  to  be 
filled,  or  by  filling  in  the  name  of  the  candidate  substituted  in  the 
blank  space  provided  therefor,  and  marking  a  cross  opposite  there- 
to, (x)  and  likewise  a  cross  (x)  opposite  the  answer  he  desires  to 
give  in  case  of  an  election  on  a  constitutional  amendment  or  other 
question  or  matter.  Before  leaving  the  voting  compartment,  thv 
voter  shall  fold  his  ballot  without  displaying  the  markings  there- 
of, but  so  that  the  words  "official  ballot"  followed  by  the  designa- 
tion of  the  election  district  and  the  date  of  the  elction,  shall  be 
visible  to  the  officers  of  the  election.  He  shall  then  cast  his 
ballot  by  handing  the  same  to  one  of  the  managers  of  election  for 
deposit  in  the  ballot-box;  this  he  shall  do  without  undue  delay,  and 
as  soon  as  he  has  voted,  he  shall  quit  the  enclosed  place  at  once. 
A  voter  shall  not  be  allowed  to  occupy  a  voting  compartment  al- 
ready occupied  by  another  voter,  nor  any  compartment  longer 
than  ten  minutes,  if  other  voters  be  not  waiting,  nor  longer  than  five 
minutes  if  other  voters  be  waiting.  A  person  shall  not  be  allowed 
in  the  room  in  which  the  ballot-boxes,  compartments,  tables  and 
shelves  are,  except  the  officers  of  the  election  and  those  appointed 
by  them  to  assist  therein.  (Election  ordinance,  section  12.) 

Two  crosses,  XX,  do  not  vitiate  a  ballot  under  this  section.     Kelly  v.  Kiers- 
key,  79  Miss.,  168,  30  So.  49. 

The  voter's  choice  cannot  be  indicated  by  a  straight  mark  opposite  a  name 
or  by  erasing  a  nam«,  and  ballots  so  prepared  cannot  be  counted.    Ib. 

4172.  (3665)   Ballots  not  to  be  taken  away;   spoiled  ballots. — A 

person  shall  not  take  or  remove  any  ballot  from  the  polling  place 
before  the  close  of  the  polls.  If  any  voter  spoil  a  ballot,  he  may  ob- 
tain others,  one  at  a  time,  not  exceeding  three  in  all,  upon  return- 
ing each  spoiled  one.  (Election  ordinance,  section  13.) 

4173.  (3666)  A  blind  or  disabled  voter  to  have  aid. — Any  voter 
who  declares    to    the  managers  of  the  election  that,   by  reason  of 
blindness  or  other  physical  disability,  he  is  unable  to  mark  his  bal- 
lot, and  whose  declaration  is  not  palpably  untrue,  shall,  upon    re- 
quest,  have  the  assistance  of  one  of  the   managers  in  the   marking 
thereof;  and  the  officer  shall  note  on  the  back  thereof  that  it  was 


—26— 

marked   with  his  assistance;    but  shall  not  otherwise  give  informa- 
tion in  regard  to  the  same.        (Election  ordinance,  section  14.) 

4174.  (3667)  Illiterate  voter  to  have  aid. — A  voter  who  declares 
to  the  managers  of  the  election  that  by  reason  of  inability  to  read 
he  is  unable  to  mark  his  ballot,  if  the  same  be  true,  shall,  upon  .re- 
quest, have  the  assistance  of    a  manager    in    the  marking  thereof; 
and   the   managers   shall   designate    one   of   their  number    for   the 
purpose,  who  shall    note   on  the    back    of  the    ballot  that  it  was 
marked  by  his  assistance;  but  he  shall  not  otherwise  give  informa- 
tion in  regard  to  the    same. 

4175.  (3668)    Secrecy;    penalties  to  enforce. — Any  voter,      who 
shall,  except  as  herein  provided,  allow  his  ballot  to  be  seen  by  any 
person,  or  who  shall  make  a  false  statement  as  to  his  inability   to 
mark  his   ballot,   or  who  shall  place  any   mark  upon  his  ballot   by 
which   it  can  afterwards  be  identified  as  the  one  voted  by  him,    or 
any  person  who  shall  interfere  or  attempt  to  interfere  with  any  vot- 
er when  inside  the  compartment  or  inclosed  place,  or  when  marking 
his  ballot,  or  who  shall  endeavor  to  induce  any  voter,  before  voting, 
to  show  how  he  will  mark,  or  after  voting  how  he  has  marked  his 
ballot,  shall  be  punished  by  a  fine  of  not  less  than  twenty-five  nor 
more  than  one  hundred  dollars;  and  the  election  officers  shall  cause 
any  person   so  violating   the  law   to   be  arrested  and  carried  before 
the   proper  officer  or  tribunal  for  commitment    and  trial  for  such 
offense.         (Election   ordinance,   section   16.        See   sections     j.120- 
1135;    also  section  4123.) 

4176.  (3669)   Penalties  on  election  officers. — Any  election  com- 
missioner, or  any  other  officer    or  person    acting  as    such,    or  per- 
forming election  duty,  who  shall   wilfully  refuse  or  knowingly  fail 
to  perform  any  duty  required  of  him  by  the  election  laws,  or  who 
shall  violate   any  of   the  provisions  thereof,    shall   be   guilty  of   a 
misdemeanor,  and,  upon   conviction,  be   punished  by   a   fine  or   not 
less  than  twenty-five  dollars  nor  more  than    one  hundred  dollars, 
or  be  imprisoned  in  the    county  jail    not    less  than    ten  days    nor 
more  than   ninety  days  or  both.         (Election  ordinance,  section  17, 
See  sections  1120-1135;  also  section  4123.) 

4177.  (3670)   The    returns  to  be  signed. — The  statement  01  the 
result  of  the  election  in  their  election  district  shall  be  certified  and 
signed  by  the  managers  and  clerks;   and  the  poll  books,   tally-lists, 
list  of    voters,  ballot-boxes,   and  ballots    shall    all  be    delivered,  as 
required,  to  the  commissioners  of  election. 

4178.  (3671)   Returns  of  election;  result  declared;  what  done  in 
case  of  tie. —  When   the  result  of  the  election  shall  have   been  as- 
certained by  the  managers,  they,  or  one  of  their  number,  or  some  fit 
person   designated  by  them,  shall,  by  noon  of  the  second  day  after 
the  election,  deliver  to  the  commissioners  of  election,  at  the  court- 
house, a  statement  of  the  whole    number  of  votes  given  for  each 
person,  and  for  what  office;  and  the  commissioners  of  election  shall 
canvass  the  returns,  ascertain  and  declare  the  result;    and,  within 
ten  days  after  the  day  of  election,  shall  deliver  a  certificate  of  his 
election    to   the  person    having  the  greatest  number   of  votes   for 
representative  in  the  legislature,  or  other  county  office,    board  of 
supervisors,  justice  of  the  peace,  and  constable.       And  if  it  appear 


— 27 — 

that  two  or  more  candidates  for  representative  of  the  county  or  part 
of  the  county,  or  for  any  county  office,  board  of  supervisors,  jus- 
tice of  the  peace,  or  constable  standing  highest  on  the  list,  and  not 
elected,  have  an  equal  number  of  votes,  the  election  shall  be  de- 
cided by  lot,  fairly  and  publicly  drawn  by  the  commissioners,  with 
the  aid  of  two  or  more  respectable  electors,  freeholders  of  the 
county,  and  a  certificate  of  election  shall  be  given  accordingly.  The 
foregoing  provisions  shall  apply  to  senators,  if  the  county  be  a 
senatorial  district. 

The  commissioners  of  election  may  exclude  from  their  count  all  illegal  bal- 
lots which  were  counted  by  the  managers.  Oglesby  v.  Sigman,  58  Miss.,  50?. 

4179.  (3672)    Statement  of  votes  sent  to  secretary  of  state. — The 

commissioners  of  election  shall,  within  ten  days  after  the  election, 
transmit  to  the  secretary  of  state,  to  be  filed  in  his  office,  a  state- 
ment of  the  whole  number  of  votes  given  in  their  county  for  each 
candidate  for  any  office  at  the  election;  but  the  returns  of  every 
election  for  governor,  lieutenant-governor,  secretary  of  state,  at- 
torney-general, auditor  of  public  accounts,  state  treasurer,  state 
superintendent  of  education,  land  commissioner,  railroad  commis- 
sioners, insurance  commissioner,  and  clerk  of  the  supreme  court, 
shall  each  be  made  out  separately,  sealed  up  together,  and  trans- 
mitted to  the  seat  of  government,  directed  to  the  secretary  of  state, 
and  indorsed  the  "vote  for  state  officers,"  to  be  delivered  by  the 
secretary  of  state  to  the  speaker  of  the  house  of  representatives 
at  the  next  ensuing  session  of  the  legislature.  Constitutional 
amendments  shall  be  voted  for  at  the  time  fixed  by  the  concurrent 
resolution.  The  election,  whether  held  separately  or  with  other 
elections,  shall  be  conducted,  in  all  respects,  as  required  for  elec- 
tions generally.  The  returns  shall  be  made  by  the  election  com- 
missioners to  the  secretary  of  state  and  shall  be  tabulated  by  him 
and  submitted  to  each  branch  of  the  legislature,  at  the  session  next 
ensuing. 

When  the  commissioners  have  complied  with  this  law  they  cannot  be  com- 
pelled by  mandamus  to  recanvass  the  return.  Oglesby  v.  Sigman,  58  Miss.,  502 

4180.  (3673)  Duty  of  secretary  of  state  as  to  returns;  what  done 
in  case  of  tie. — The  secretary  of  state,  immediately  after  receiving 
the  returns   of  an  election,  not  longer  than  thirty  days  after  the  elec- 
tion, shall  sum  up  the  whole  number  of  votes  given   for  each  can- 
didate other  than  for  state  offices,  ascertain  the  person   or  persons 
having    the  largest  number    of  votes  for  each    office,    and  declare 
such  person  or  persons  to    be  duly  elected;   and  thereupon  all  per- 
sons   chosen  to  any    office    at  the  election  shall    be  commissioned 
by  the   governor;  but  if  it  appear  that  two   or  more  candidates  for 
any  district  office   where  the  district  is   composed   of  two  or   mor& 
counties,  standing  highest    on  the    list,  and  not  elected,    have    an 
equal  number  of  votes,  the  election  shall  be  forthwith  decided  be- 
tween the  candidates  having  an  equal  number  of  votes  by  lot,  fairly 
and  publicly  drawn,  under  the  direction   of   the  governor  and   sec- 
retary of   state. 

When  the  secretary  of  state  has  complied  with  this  law.  and  the  governor 
has  commissioned  the  person  certified  to  be  elected,  a  mandamus  will  not  lie  to 
compel  a  second  summoning  up  of  the  votes.  Myers  v.  Chalmers,  60  Miss.,  772. 

4181.  (3674)  Order  at  elections;  dram-shops  to   be  closed. — All 

places  for  retailing  intoxicating  liquors  by  the  drink  in  any  county, 


—28— 

city,  town  or  village  shall  be  closed,  and  intoxicating  liquors  shall 
not  be  sold,  bartered  or  given  away,  or  drunk  at  any  store,  tavern, 
dram-shop,  restaurant,  steam-boat,  wharf-boat,  or  other  place  of 
business  therein  from  twelve  o'clock  of  the  preceding  night,  until 
twelve  o'clock  of  the  succeeding  night  of  any  general  or  special 
election  therein;  and  all  intoxicated  or  disorderly  persons,  dis- 
turbing the  peace,  by  noise  or  violence,  in  the  place  where  the 
election  is  held,  shall  be  arrested,  placed  in  jail,  or  otherwise  kept 
in  custody,  being  permitted  to  vote  while  in  custody  if  qualified, 
until  the  polls  shall  be  closed,  or  until  they  be  entirely  sober  and 
well-behaved;  and  the  managers  of  the  election  are  made  con- 
servators of  the  peace;  and  sheriffs  and  their  deputies,  and  all 
other  officers,  are  authorized  to  preserve  order  in  and  about  th& 
place  where  the  election  may  be  held,  and  to  commit  to  jail  any 
person  who  may  disturb  the  election;  and  all  citizens  shall  aid  the 
managers  and  other  officers  in  preserving  order,  and  in  making  ar- 
rests when  necessary.  And  if  any  candidate  shall,  directly  or  in- 
directly, provide,  aid  or  assist  in  providing  any  intoxicating  li- 
quors for  use  on  election  day,  he  shall  be  guilty  of  a  misdemeanor 
and  shall  be  ineligible  to  hold  the  office  for  which  he  is  a  candi- 
date. (See  ch.  Ill  for  primary  elections.) 

4182.  (3675)    Privilege   of   electors. — Except  as  herein  provided, 
electors  shall,  in  all  cases   other  than  those  of  treason,  felony,   or 
breach  of   the  peace,  be  privileged  from  arrest  during   their   atten- 
dance on  elections,  and  going  to  and  returning  from  the  same. 

4183.  (3676)   Election   not   to  fail. — The  failure  to  distribute  to 
the  different    voting  places   the  poll    books  containing  the  alpha- 
betical list  of  voters,  of  the  ballot-boxes  provided  for,  shall  not  pre- 
vent the  holding  of  an  election,  but  in  such  case  the  managers  shall 
proceed  to  hold  the  election  without  the  books  and  ballot-boxes,  and 
shall  provide  some  suitable  substitute  for  the  ballot-boxes,  and  con- 
form as  nearly  as  possible  to  the  law  in  the  reception  and  disposi- 
tion of   the  official  ballots. 

4184.  (3677)  How  election  to  legislature  contested;    notice;  raK- 
ing  proiof. — The  person    contesting  the  seat  of   any  member  of  the 
senate  or  house  of  representatives  shall,  within  thirty  days  after  the 
election,  serve  notice,  in  writing,  upon  such    member,  stating  par- 
ticularly the    grounds  upon    which  the  eelction  is    contested;    and 
thereupon   either    party   may   proceed    to   take   the    depositions   of 
witnesses  before  any  justice  of  the  peace,  or  other  officer  qualified 
to  administer  oaths  in  the  district  or  county,  as  convenient  as  may 
be  to  the  residences  of  the  witnesses;  the  depositions  so  taken  shall 
be  read  as  evidence  before  the  senate  or  house  as  the  case  may  be; 
but  the  opposite  party  shall  have  ten  days'  notice  of  the  time  and 
place  of  taking  the  same. 

4185.  (3678)    Attendance  of   witnesses,  etc. — Each  house  of  the 
legislature    or   any   committee   appointed   to   investigate     the   facts 
concerning  the   election  or  qualifications   of  any  member  of  person 
claimed  to  be    such,   shall    have   power  to    compel  the  attendance 
of  witnesses  and  the  production  of  such  documents  or  papers  as  may 
be  required. 

4186.  (3679)  Election  of  county  officer  or  district  attorney  con- 
tested.— A  person  desiring  to  contest  the  election  of  another  person 


—29— 

returned  as  elected  to  any  office  within  any  county,  may,  within 
twenty  days  after  the  election,  file  a  petition  in  the  office  of  the 
clerk  of  the  circuit  court  of  the  county,  setting  forth  the  grounds 
upon  which  the  election  is  contested;  and  the  clerk  shall  there- 
upon issue  a  summons  to  the  party  whose  election  is  contested,  re- 
turnable to  the  next  term  of  the  court,  which  summons  shall  be 
served  as  in  other  cases;  and  the  court  shall,  at  the  first  term, 
cause  an  issue  to  be  made  up  and  tried  by  a  jury,  and  the  verdict  of 
the  jury  shall  find  the  person  having  the  greatest  number  of  legal 
votes  at  the  election.  If  the  jury  shall  find  against  the  person 
returned  elected,  the  clerk  shall  issue  a  certificate  thereof;  and 
the  person  in  whose  favor  the  jury  shall  find  shall  be  commissioned 
by  the  governor,  and  shall  qualify  and  enter  upon  the  duties  of 
his  office.  Each  party  shall  be  allowed  ten  peremptory  challenges, 
and  new  trials  shall  be  granted  and  costs  awarded  as  in  other 
cases.  And  in  case  the  election  of  district  attorney  be  contested, 
the  petition  may  be  filed  in  any  county  of  the  district  or  in  any 
county  of  an  adjoining  district  within  twenty  days  after  the  elec- 
tion, and  like  proceedings  shall  be  had  thereon  as  in  the  case  of 
county  officers,  and  the  person  found  to  be  entitled  to  the  office 
shall  qualify  as  required  by  law  and  enter  upon  the  duties  of  his 
office. 

The  fllinr  of  the  petition  gives  the  court  jurisdiction  of  the  contest,  and  the 
failure  to  issu«  ihe  summon-*  at  once  does  not  authorize  the  quashing  of  the  pro- 
ceeding*. Hall  v  Lyon.  59  Miss.,  218. 

Elections  to  municipal  offices  are  not  embraced  herein.  Easley  v.  Baden- 
hausen,  i9  Miss.,  580. 

In  a  contest  for  a  county  office  it  may  be  shown  by  the  contestant  that  he  was 
deprived  of  his  rightful  majority  by  the  fraudulent  practice  of  the  managers  at 
certain  precincts  in  returning  a  greater  number  of  votes  than  were  actually  cast, 
and  receiving  votes  of  persons  not  qualified  electors,  and  votes  which  had  been 
marked  and  furnished  to  voters  by  others  in  disregard  of  the  constitution.  Sproule 
T.  Fredricks,  69  Miss.,  (11  So.,  472). 

4187.  (3680)    Trial  in  vacation  of  contested  election    cases. — If 

the  petition  shall  be  filed  more  than  forty  days  before  the  term  of 
the  circuit  court  next  after  the  election  which  is  contested,  the  sum- 
mons may  be  made  returnable,  and  a  trial  of  the  issue  be  had  in  va- 
cation, in  the  manner  prescribed  for  a  trial  in  vacation  of  an 
information  in  the  nature  of  a  quo  warranto;  and  all  of  the  pro- 
visions in  reference  to  a  trial  in  vacation  of  such  proceedings  shall 
apply  to  the  trial  of  issues  as  to  contested  elections  in  the  state 
of  case  herein  mentioned;  but  this  section  shall  not  be  held  to  in- 
clude a  contest  of  the  election  of  a  justice  of  the  peace,  constable, 
coroner,  surveyor,  or  member  of  a  board  of  supervisors.  (See 
Section  4038.) 

An  appeal  will  lie  from  a  judgment  rendered  in  vacation  the  proceeding  be- 
ing likened  to  that  of  quo  warranto.  Perkins  v.  Carraway,  59  Miss.,  222. 

4188.  (3681)  Vacancies  in  office;    how  filled. — When  a    vacancy 
other    than  in  the    legislature  shall  occur,    by  death,  resignation  or 
otherwise,   in  any  state  or  state  district  office,    which    is  elective, 
the  same  shall  be  filled  for  the  unexpired  term  by  appointment  by 
the  governor. 

4189.  ATacancy  in  county  office;   how   filled   (Laws  1900,   ch.  79). 
— When  a  vacancy  shall  occur  in  any  county  or  county   district  of- 
fice,  the  unexpired  term   of  which  shall  not  exceed  six  months,  the 
same  shall  be  filled  by  appointment  by  the  board  of  supervisors  ot 
the  county  by  order  entered  upon    its  minutes  where    the  vacancy 


— 30 — 

occurs,  and  the  clerk  of  the  board  shall  certify  to  the  secretary  of 
state  the  fact  of  the  appointment,  and  the  person  so  appointed  shall 
be  commissioned  by  the  governor;  and  if  the  unexpired  term  shall 
exceed  six  months,  the  board  of  supervisors  of  the  county,  or  the 
president  thereof  in  vacation,  shall  make  an  order,  in  writing,  di- 
rected to  the  commissioners  of  election,  commanding  an  election  to 
be  held  in  the  county  or  proper  district,  on  a  day  to  be  named  in 
the  order,  to  fill  the  vacancy;  and  they  shall  give  at  least  ten  days' 
notice  of  such  election,  as  directed  by  section  4191,  and  shall  give 
a  certificate  of  election  to  the  person  elected,  and  shall  return  to  the 
secretary  of  state  a  copy  of  the  order  of  holding  the  election,  showing 
the  result  thereof,  certified  by  the  clerk  of  the  board  of  su- 
pervisors; and  the  person  elected  shall  be  commissioned  by  the 
governor. 

4190.  Vacancy  in  municipal    offices;   how    filled. — When    it  shall 
happen    that    there  is    any    vacancy  in  a  city,  town  or  village  of- 
fice, which  is  elective,  the    unexpired    term  of    which  shall  not  ex- 
ceed six    months,  the  same  shall  be  filled    by  appointment    by  the 
board  of  mayor  and  aldermen  of  said  city,  town,  or  village,  or  if  a 
vacancy  be  in  the  office  of  mayor,  the  aldermen  shall  appoint,  or  if 
the  vacancy  be  in  the  office  of  alderman  the  mayor  and   remaining 
aldermen  shall  appoint;    and  the  town    clerk    shall  certify    to  the 
secretary  of  state  the  fact  of  such  appointment,  and  the  person   or 
persons  so   appointed  shall   be  commissioned   by  the  governor;   and 
if  the  unexpired  term  shall  exceed  six  months,  the  board  of  mayor 
and  aldermen  shall  make  an  order    for    an  election    to  be    held  in 
such  city,    town  or  village  to  fill  the    vacancy;    when  the  vacancy 
is  in  the  office  of  mayor,   the  aldermen  shall  make  such  order  en- 
tered    on   their    minutes,     and   they   shall   give    at    least   ten    days' 
notice   of  such    election,  and    shall    give  a  certificate  of  election  to 
the  person  elected,  and  shall  return  to  the  secretary  of  state  a  copy 
of  the  order  for  holding  the  election,  showing  the  results    thereof, 
certified  by  the  clerk  of    the  board   of  mayor  and  aldermen;    and 
the  person  elected  shall  be  commissioned  by  the  governor. 

4191.  (3682)    Notice  of  elections  to  fill  vacancies. — The  commis- 
sioners   of  election  of  the  several    counties  to    whom    the  writ  of 
election  may  be  directed,  shall,  immediately  on  the  receipt  thereof, 
give  notice   of   such  election  by  posting   notices    at  the    courthouse 
and  in  each  election  district  in  the  county,  for  as  near  thirty  days 
as  may  be  practicable;    and  the  election  shall  be  prepared  for  and 
held  as  in  case  of  a  general  election. 

4192.  (3684)    Vacancies   in   the  legislature;    how  filled. — When 
vacancies  happen  in  either  house  of  the  legislature,   the     governor 
shall  issue  writs  of  election  to  fill  such  vacancies,  on  a  day  therein 
to  be  specified;    and  at  least  ten  days'  notice  shall  be  given  UJL  sucn 
election  in  each  county  or  part  of  a  county  in  which  such  election 
shall  be  held,  in  the  manner  directed  by  the  section  preceding  the 
last  before  this. 

4193.  (3685)  Elections  to  fill  vacancies;    how  held. — All  special 
elections,  or  elections  to  fill  vacancies,  shall  in  all  respects  be  held, 
conducted  and  returned  in  the  same  manner  as  general  elections. 

See  State  v  Lovell,  70  Mi»s.,  309  (12  So.,  341). 


—31— 

4194.  (2637)    When  representatives   chosen;    how  elections    con- 
ducted.— Representatives  in  the  Congress  of  the  United  States    shall 
be   chosen   by  districts  on  the  first  Tuesday   after  the  first  Monday 
of  November  in  the  year  1906,  and  every  two  years  thereafter;   and 
the  laws  regulating  general  elections   shall  in  all  respects  apyiy  to 
and    govern   elections   for   representatives  in  congress. 

4195.  (3688)  One  representative  to  each  district;  who  eligible. — 

Each  congressional  district  shall  be  entitled  to  one  representative, 
who  shall  be,  at  the  time  of  his  election,  a  resident  of  the  district 
for  which  he  is  chosen. 

4196.  (3689)  Vacancy  in  congress;  how  filled. — If  a  vacancy  hap- 
pen   in  the  representation  in  congress,  the   vacancy  shall  be  filled 
for  the  unexpired  term  by  a  special   election,  to  be  ordered  by  the 
governor,  and  to  be  held   at  a  time  fixed  by  his   order,  and  which 
time   shall  be  not  less  than    thirty    days  after    the  issuance    of   the 
order  of  the  governor,  which  shall  be  directed  to  the  commissioners 
of  election  of  the  several    counties  of  the    district,    who    shall,  im- 
mediately upon  receipt  of  the  order,   give  notice  of  the  election  by 
posting  notices  thereof  at  the  door  of  the  court  house,  and  at  some 
public  place  in  each  election  district  of  the  county;  and  the  election 
shall  be  prepared  for  and    conducted,  and  returns    shall   be    made, 
in  all  respects  as  provided  for  a  general  election. 

4197.  (3690)    Number   of   representatives   changed;   how  elected. 

Should  an  election  of  representatives  in  congress  occur  after  the 
number  of  representatives  to  which  the  state  is  entitled  shall  be 
changed,  in  consequence  of  a  new  apportionment  being  made  by 
congress,  and  before  the  districts  shall  have  been  changed  to  con- 
form to  the  new  apportionment,  representatives  shall  be  chosen 
as  follows:  In  case  the  number  of  representatives  to  which  the 
state  is  entitled  be  increased,  then  one  member  shall  be  chosen  in 
each  district  as  organized,  and  the  additional  member  or  members 
shall  be  chosen  by  the  electors  of  the  state  at  large;  and  if  the  num- 
ber of  representatives  shall  be  diminished,  then  the  whole  number 
shall  be  chosen  by  the  electors  of  the  state  at  large. 

4198.  (3691)    Division  of  the  state   into   congressional    districts 

(Laws  1902  ch.  61). — <For  the  election  of  members  of  the  house 
of  representatives  in  congress,  in  pursuance  of  the  apportionment 
made  under  the  census  of  the  year  1900,  the  state  shall  be  divided 
into  eight  districts,  as  follows,  to-wit: 

First  District — The  first  congressional  district  shall  be  composed 
of  the  following  counties:  Alcorn,  Tishomingo,  Prentiss,  Lee, 
Itawamba,  Monroe,  Lowndes,  Oktibbeha,  and  Noxubee. 

Second  District — The  second  congressional  district  shall  be  com- 
posed of  the  following  counties:  Tippah,  Union,  Benton,  Marshall, 
Lafayette,  DeSoto,  Tate,  Panola,  and  Tallahatchie. 

Third  District — The  third  congressional  district  shall  be  com- 
posed of  the  following  counties:  Tunica,  Quitman,  Coahoma,  JJOK 
ivar,  Sunflower,  Washington,  Leflore,  Holmes,  Issaquena,  and  Shar- 
key. 


— 32 — 


'  Fourth  District — The  fourth  congressional  district  shall  be  com- 
posed of  the  following  counties:  Pontotoc,  Chickasaw,  Calhoun, 
Yalobusha,  Grenada,  Carroll,  Montgomery,  Clay,  Webster,  Choctaw, 
and  Attala. 

Fifth  District — The  fifth  congressional  district  shall  be  com- 
posed of  the  following  counties:  Winston,  Leake,  Neshoba,  Kem- 
per,  Lauderdale,  Newton,  Scott,  Smith,  Jasper,  and  Clarke. 

Sixth  District — The  sixth  congressional  district  shall  be  com- 
posed of  the  following  counties:  Wayne,  Jones,  Covington,  Simp- 
son, Lamar,  Lawrence,  Marion,  Perry,  Greene,  Jackson,  Harrison, 
Pearl  River,  Hancock,  Forrest,  Jefferson  Davis  and  George. 

Seventh  District — The  seventh  congressional  district  shall  be  com- 
posed of  the  following  counties:  Claiborne,  Copiah,  Jefferson, 
Adams,  Franklin,  Lincoln,  Pike,  Amite,  and  Wilkinson. 

Eighth  District — The  eighth  congressional  district  shall  be  com- 
posed of  the  following  counties:  Warren,  Yazoo,  Madison,  Hinds 
and  Rankin. 

4199.  (3692)    Concerning  senators    in  congress. — The  following 
sections,  fourteen  to  nineteen,  are  the   regulations  of   the  congress 
of  the  United  States  for  the  election  of  senators  in  congress,  taken 
from  the  revised  statutes  of  the  United  States,  viz.: 

4200.  (3693)    ''Section  14.     The  legislature   of   each  state   which 
is  chosen  next  preceding  the  expiration  of  the  time  for   which  any 
senator  was  elected  to  represent  such  state  in  congress,  shall,  on  the 
second  Tuesday  after  the  meeting  and  organization  thereof,  proceed 
to  elect  a  senator  in   congress. 

4201.  (3694)    "Section  15.     Such  election  shall  be  conducted   in 
the  following   manner:        Each  house   shall   openly,  by  a  viva   voce 
vote  of  each  member  present,  name  one  person  for  senator  in  con- 
gress   from  such    state,  and  the  name    of    the  person  so    voted  for, 
who  receives  a  majority  of  the  whole  number  of  votes  cast  in  each 
house,   shall  be  entered   on  the  journal  of  that  house  by  the  clerk 
or  secretary  thereof;  or,  if  either  house  fails  to  give  such  majority 
to  any   person  on   that  day,  the  fact   shall   be  entered  on   the  jour- 
nal.      At  twelve  o'clock  meridian  of  the  day  following  that  on  which 
said    proceedings  are  required    to    take  place,  the  members    of  the 
two    houses  shall   convene   in   joint  assembly,   and    the   journal   of 
each  house  shall  then  be  read,  and  if  the  same  person  has  received 
a  majority  of  all  the  votes  in  each  house,  he  shall  be  declared  duly 
elected    senator.        But  if  the  same    person  has  not  received  a  ma- 
jority of  the   votes  in   each  house,    or   if  either  house  has  failed   to 
take  proceedings   as  required   by    this  section,  the  joint    assembly 
shall  then  proceed  to  choose,  by  a  vivo  voce  vote,  of  each   member 
present,    a  person   for  senator;   and  the  person  who  receives  a  ma- 
jority of  all  the  votes  of  the  joint  assembly,  a   majority  of   all  the 
members  elected   to   both    houses   being   present  and    voting,    shall 
be  declared  duly  elected.       If  no  person  receives  such  majority  on 
the  first  day,  the  joint  assembly   shall  meet  at  twelve   o'clock  me- 


—33— 

ridian  of  each  succeeding  day  during  the  session  of  the  legislature, 
and  shall  take  at  least  one  vote,  until  a  senator  is  elected. 

4202.  (3695)    "Section    16.      Whenever,   on    the  meeting  of  the 
legislature  of  any  state,  a   vacancy  exists  in   the  representation      of 
such  state  in  the  senate,  the  legislature  shall  proceed,  on  the  secon  1 
Tuesday  after    meeting    and  organization,  to  elect    a,  person  to  fill 
such  vacancy,   in  the    manner  prescribed   in    the  preceding  section 
for  the  election  of  a  senator  for  a  full  term. 

4203.  (3696)  "Section  17.     Whenever,  during  the  session  of  the 
legislature  of   any   state,  a  vacancy  occurs   in  the  representation  of 
such  state    in  the  senate,  similar  proceedings    to  fill  such    vacancy 
shall  be  had  on  the  second  Tuesday  after  the    legislature    has  or- 
ganized   and   has    notice    of  such  vacancy. 

4204.  (3697)   "Section  18.     It  shall  be  the  duty  of  the  executive 
of  the  state  from  which  any  senator  has  been  chosen,  to  certify  his 
election,  under  the  seal  of   the  state,  to  the  president  of   the   sen- 

4205.  (3698)  "Section  19.     The  certificate  mentioned  in  the  pre- 
ceding section  shall  be  countersigned  by  the  secretary  of  state  of  the 
state." 

4206.  (3699)   When    electors    shall  be  elected. — The  number    of 
electors   of    president   and    vice-president   of   the    United    States    to 
whicn  this  state  may  be  entitled,  shall   be  chosen  by  the   qualified 
electors   of  the   state  at  large,  on  the  first  Tuesday  after  the  first 
Monday    of  November  in  the    year  in    which  an  election  of  presi- 
dent and  vice-president  shall  occur. 

4207.  (3700)  How  election  conducted. — tThe  laws  regulating  the 
general  elections  shall  in  all  respects  apply  to  and  govern  elections 
of  electors   of  president  and  vice-president. 

4208.  (3701)  Duty  of  secretary  of  state. — the  secretary  of  state 
shall,  immediately  after  ascertaining  the  result,  transmit  by  mail  a 
notice,    in   writing   to   the   persons   elected. 

4209.  (3702)     Meetings  and  proceedings  of  the  electors     (Laws 
1902,   ch.    105). — The  electors  chosen  shall    meet  at  the    seat    of 
government  of  the    state  on   the    second   Monday  in   January  next 
following  their   election,  and   shall   there  give  their  votes  for  pres* 
ident  and    vice-president  of  the  United  States,  and    shall  make  re- 
turn thereof  agreeably  to  the  laws  of  the  United  States;   and  should 
any    elector  so  chosen  fail    to  attend  and  give  his  vote,    the  other 
electors  attending  shall   appoint  some  person   or  persons  to  fill  the 
vacancy  or  vacancies,    who  shall  attend  and  vote  as   electors;   and 
such  appointment  shall    be  forthwith  reported  to  the    secretary  of 
state. 

4210.  (3703)   Compensation  of  electors. — Each    elector  shall  b^ 
allowed  the    sum  of  four  dollars  for    every  twenty  miles  of   travel, 
to  be  estimated  by  the  usual  land  route,  in  going  from  his  home  to 
and  returning  from  the    seat  of  government  to  give    his  vote,    and 
four  dollars  for  every  day  he  shall  attend  there  as  an  elector,  to  be 
paid  by   the  state  treasurer,  on  the   warrant  of  the  auditor. 


—34  — 


4311.  (3704)  Authority  to  boards  of  supervisors. — The  boards 
of  supervisors  of  the  several  counties  are  authorized  to  allow  com- 
pensation to  the  officers  rendering  services  in  matters  of  registra- 
tion and  elections,  to  provide  ballot-boxes,  registration  and  poll 
books,  and  all  other  things  required  by  law  in  registration  and 
elections;  and  to  allow  the  sheriff  such  reasonable  sum  as  he  may 
expend  in  supplying  voting  compartments,  tables,  or  shelves  for 
use  at  elections. 

4212.  (3705)    Commissioners  to  certify  to  service  of  election  of- 
ficers.— The  commissioners    of  election    shall,   after  each   election, 
make  out  a  list  of  all  persons  who  served  as  managers,   clerks  and 
election  bailiffs  at   the  election,  designating  for  what   service  each 
is  entitled  to  pay,  certify   to  the  correctness    of  the  same,    and  file 
it  with  the  clerk  of  the  board  of  supervisors;   and  an  allowance  shall 
not    be  made  to  any  such  officer  unless    his    service  be    so  certi- 
fied. 

4213.  (3706)    Pay  of  election  officers. — The    commissioners   of 
election  shall  be  entitled  to  three  dollars  each  for  every  day  actually 
employed  in  the  performance  of  their  duties,  not  to  exceed  ten  days 
for  one  elction;   the  manager,  clerks  and  election  bailiffs  shall  each 
be  entitled  to  one  dollar  for  each  election;  and  the  managei   or  oth- 
er person  who  shall    carry  to  the    place  of  voting,    away  from  the 
court-house,    the   official   ballots,  ballot-boxes,  poll-books  and  other 
necessaries,  shall  be  allowed  one  dollar  for  so  doing;  and  the  man- 
ager or  other  person  who  acts  as  returning  officer  shall  be  allowed 
one    dollar    for   that  service,  all   to  be  allowed  by  the  board  of  su- 
pervisors, payable  out  of  the  county  treasury. 


WHAT    CONSTITUTES    QUALIFIED  VOTER. 

Attorney  General  S.  S.  Hudson  has  just  handed  down  an  op- 
inion in  which  he  interprets  the  law  as  to  the  qualifications  of  a 
voter.  The  questions,  as  there  were  several  of  them,  were  sub- 
mitted by  W.  B.  Jones,  registrar  of  voters  for  Madison  coun- 
ty. 

Interrogatories . 

"1.  Mr.  A.  is  21  years  old  and  has  resided  in  the  state  two 
years,  and  in  the  election  district  one  year,  but  on  December  1st, 
1910,  removed  from  election  district  No.  5,  voting  precinct,  Cam- 
den,  to  voting  precinct,  Sharon.  Is  he  entitled  to  register  at  the 
latter  precinct  for  the  coming  election? 

"2.     When  is  one  entitled  to  register? 

"3.  Does  the  word  'taxes'  include  state  and  county,  municipal, 
road  and  street  taxes? 

"4.  If  one  pays  his  county  and  state  and  fails  to  pay  his  road 
and  street  tax,  on  or  before  the  first  day  of  February  in  the  year 
in  which  he  ofers  to  vote,  is  he  disqualified? 


—35— 

Answer  to  Interrogatory  No.  1. 

Section  241  of  the  constitution  of  the  state  of  Mississippi  is  as 
follows: 

"Every  male  inhabitant  of  this  state,  except  idiots,  insane  per- 
sons, and  Indians  not  taxed,  who  is  a  citizen  of  the  United  States, 
21  years  old  and  upward,  who  has  resided  in  this  state  two  years, 
and  one  year  in  the  election  district,  or  in  the  incorporated  city 
or  town  in  which  he  offers  to  vote,  and  who  is  duly  registered  as 
provided  in  this  article,  and  who  has  never  been  convicted  of  brib- 
ery, burglary,  theft,  arson,  obtaining  money  or  goods  under  false 
pretenses,  perjury,  forgery,  embezzlement,  or'  bigamy  and  who  ha« 
paid  on  or  before  the  first  day  of  February  of  the  year  in  which  he 
shall  offer  to  vote,  all  taxes  which  may  have  been  legally  required 
of  him,  and  which  he  has  had  an  opportunity  of  paying  according 
to  law,  for  the  two  preceding  years,  and  who  shall  produce  to  the 
officers  holding  the  election  satisfactory  evidence  that  he  has  paid 
said  taxes,  is  declared  to  be  a  qualified  elector,  but  any  minister  of 
the  gospel  in  charge  of  an  organized  church  shall  be  entitled  to  vote 
after  six  months'  residence  in  the  election  district,  if  otherwise 
qualified." 

The  ostensible  purpose  in  framing  this  section  of  the  constitu- 
tion was  to  disfranchise  as  many  negroes  as  possible,  and  the  in- 
junctions delivered  by  the  section,  when  well  unraveled  anu  con- 
sidered, became  apparent  that  the  negro  as  a  race,  would  come 
more  clearly  within  its  requirements  than  any  other  voter.  In  the 
first  place  the  negro  is  known  in  our  midst,  as  a  nomadic  tribe, 
and  as  a  rule  on  account  of  their  shiftlessness,  none  of  them  will 
hardly  reside  in  an  election  precinct  more  than  a  year,  but  drift 
fr3m  plantation  to  plantation  and  landlord  to  landlord;  and  in 
that  way,  very  few,  if  any,  on  account  of  residence,  as  required 
by  tliH  section,  are  qualified  electors.  Very  few.  if  any,  in  Missis- 
sippi have  any  taxes  except  a  poll;  and  with  no  thought  of  gov- 
ernment, and  in  many  instances  with  no  disposition,  as  well  as  in- 
ability to  pay  this  tax,  they  are  as  a  rule  delinquents,  and  are  for 
that  reason  disqualified. 

The  crimes  of  burglary,  bribery,  theft,  arson,  obtaining  money  or 
goods  under  false  pretenses,  perjury,  forgery,  embezzlement,  or  big- 
amy, I  might  say  are  indigenous  to  the  negro's  nature;  and,  of  these 
of  those  crimes  he  is  most  likely  to  commit  and  be  guilty  of,  and  in 
that  way  thus  so  many  more  are  deprived  of  exercising  the  right 
of  franchise. 

Turning  aside  from  the  purpose  which  gave  birth  to  this  ordi- 
nance and  applying  it  to  all  voters,  whether  white  or  black,  as 
they  exist  today  in  Mississippi,  it  is  necessary  in  order  to  make  it 
effective,  to  read  its  injunctions  as  they  are  written  in  the  ordi- 
nance and  in  the  light  of  subsequent  legislation  upon  the  subject 
without  reference  to  who  may  be  affected  thereby. 

In  order  to  answer  the  first  question  effectively,  as  to  what  is 
an  election  district,  under  the  head  of  "Registration  and  Election," 


— 36- 


these  two  words,  "election  district"  used  in  the  constitution  are  de- 
fined in  section  4110  of  the  code  of  1906  as  follows: 

"Each  county  shall  be  divided  into  election  districts,  which 
shall  be  the  same  as  those  for  the  election  of  members  of  the  board 
of  supervisors,  or  a  subdivision  thereof;  and  there  shall  be  only 
one  voting  place  in  each  election  district,  but  the  election  districts 
and  voting  places  as  now  fixed  in  each  county  shall  remain  until 
altered." 

Sections  4111  and  4112  of  the  Code  treat  of  the  change  in  the 
boundaries  in  the  multiplication  of  the  precincts,  etc.,  and  require 
that  the  registration  and  poll  books  shall  conform  thereto. 

In  looking  further  into  the  meaning  of  "election  districts,"  we 
find  in  Vol.  3,  "Words  and  Phrases"  page  2339,  that  it  is  defined 
in  the  general  election  law  as  denoting  the  territory  within  which 
there  is  a  single  polling  place  for  all  of  the  voters  therein;  and 
this  definition  is  supported  by  Otis  v.  Lane,  54  Atlantic  Report,  4^3; 
69  N.  J.  Law  556;  in  Re  Swain,  23  Atlantic,  421;  and  I  might  add 
other  authorities  of  equal  positiveness. 

But  the  legislature,  by  section  4110,  removing  all  doubt  as  to 
what  they  mean  by  "election  district,"  enable,  me  to  say  that  it 
ttieans  the  voting  precinct,  and  not  the  general  district  out  of  which 
several  voting  precincts  are  carved.  The  result  of  it  is  that  if 
one  moves  from  one  voting  precinct  in  a  district  of  a  county  into 
another  voting  precinct  other  than  the  one  at  which  he  registered, 
both  on  the  registration  book  as  well  as  the  poll  book,  he  cannot 
vote  unless  he  has  been  at  the  place  of  his  latter  residence  for  one 
(1)  year  before  he  offers  to  vote  and  after  he  has  registered. 

The  words  "election  district"  are  indefinite.  In  some  instances 
they  might  mean  districts  for  the  justices  of  the  peace  or  for  the 
board  of  supervisors;  so  the  legislature,  by  section  4110,  gave  it  a 
definite  meaning  and  provided  that  it  should  be  the  voting  place 
a^l  not  aa.r  ciruir,  sc.Tibe  rliptrict  for  other  purposes. 

Ansner  to  Interrogatory  No.    2. 

Section  4122   of  the  Code  of   1906    is  as  follows: 

"The  registrar  shall  keep  his  books  open  at  his  office,  and  shall 
register  the  electors  of  his  county  at  any  time  but  in  the  year  of 
every  general  election,  and  not  less  than  four  months  before  said 
election,  the  registrar  shall  visit  and  spend  one  whole  day  at  each 
voting  precinct  in  his  county,  for  the  purpose  of  registering  voters, 
after  having  given  notice  by  publication  for  three  consecutive  weks 
of  the  times  and  places  of  such  visits.  The  registration  books 
shall  not  be  removed  from  the  registrar's  office  except  as  herein 
provided." 

This,  I  think,  answers  the  question  without  any  dissertation  upon 
the  subject  by  me. 


—37— 


Answer  to  Interrogatory  No.  3. 

Section  241  supra,  uses  the  words,  "all  taxes  which  may  have 
been  legally  required  of  him." 

In  examining  Vol.  8  "Words  and  Phrases"  under  the  head  of 
"Tax,"  under  the  direction  of  possibly  fifty  authorities,  they  define 
the  word  taxes  to  be  "a  burden  or  charge  imposed  by  the  legis- 
lative power  upon  persons  or  property  to  raise  money  for  public 
purposes."  This  definition  is  supported  by  our  own  court,  in 
Green  vs.  Craft,  28  Miss.,  p.  70.  The  reason  this  question  is  asked 
me  is  because  some  hold  to  the  opinion  that  the  words  "all  taxes" 
used  by  the  constitution,  do  not  include  road  or  street  taxes,  be- 
cause they  have  become  as  a  rule,  a  subject  of  taxation  since  the 
adoption  of  the  constitution.  The  word  "all  taxes"  as  used  in  the 
constitution  is  not  only  retro-active,  but  prospective  in  its  effects 
and  application,  and  is  intended  to  include  all  public  taxes;  that  is, 
taxes  created  by  the  legislature  for  public  good.  Reading  the 
words  "all  taxes,"  I  should  say  that  I  would  be  enjoined  from  re- 
stricting, modifying  or  extending  the  words  "all  taxes,"  to  mean 
only  county  and  state  taxes,  which  have  been  levied.  The  leg- 
islature, unrestrained  by  the  constitution,  has  the  power  to  levy 
all  kinds  of  taxes.  To  hold  otherwise,  I  should  give  the  words 
"all  taxes"  an  artificial  meaning  and  supersede  the  will  of  the  con- 
stitutional convention.  The  last  legislature  added  another  tax, 
towit,  a  dog  tax,  to  the  many  other  taxes  already  legally  imposed. 
The  result  of  it  that  I  think  it  would  not  be  wise  to  tamper  with 
the  meaning  of  the  words  "all  taxes,"  and  leave  it  to  include  all 
taxes  which  have  been  or  may  hereafter  be  imposed  for  public  pur- 
poses by  the  legislature. 

Under  a  statute  of  Kentucky  similar  to  that  of  our  constitution, 
where  the  word  tax  is  used,  the  courts  of  Kentucky  in  Vol.  61  6. 
W.  page  362,  hold  that  a  street  tax  comes  within  the  meaning  of 
the  word  tax  used  in  the  statute.  Our  legislature,  according  to 
section  4443  of  the  Code  can  impose  an  additional  tax  upon  all 
the  taxable  property  of  the  municipality  and  county  of  one  mill 
on  the  dollar  in  any  one  year  for  road  and  street  purposes  and 
require  the  tax  collector  to  collect  it  as  other  taxes  of  the  county. 
Other  taxes  maturing  on  or  before  the  first  of  February,  street 
and  road  taxes  would  mature  on  or  before  the  first  day  of  Feb- 
ruary of  the  year  in  which  one  offers  to  vote;  therefore,  should  he 
pay  his  state  and  county  municipal  taxes  and  fail  or  decline  to  pay 
his  street  or  road  tax  on  or  before  the  first  of  February,  he  would 
be  disqualified  and  could  not  vote.  This  authority  is  also  sup- 
ported by  Conn.,  32  L.  R.  A.,  822,  and  several  Kansas  cases. 

There  are  some  public  taxes  imposed  by  the  legislature  which 
do  not  mature  on  or  before  the  first  day  of  February  in  the  year 
in  which  the  person  offers  to  vote;  for  instance,  what  is  known 
as  a  commutation  tax  which  is  imposed  and  the  collection  of  which 
is  prescribed  by  sections  4443  and  4469  of  the  Code.  Tne  au- 
thorities, however,  hold  this  not  to  be  a  tax,  because  labor  may  be 
given  in  lieu  of  the  tax  and  because  a  penalty  is  prescribed. 

In  Galloway  vs.  Town  of  Tavares,  19  So..  170,  the  court  holds 
"the  word  taxes  in  the  absence  of  clear  indication  to  the  contrary, 


—38— 

must  be  considered  to  refer  exclusively  to  the  ordinary  public 
taxes  and  to  be  used  in  the  sense  of  money  and  not  labor  or  im- 
posts." 

The  intent  is  to  be  deduced  from  the  instrument  in  which  the 
terms  are  used.  The  assessment  of  road  labor  or  payment  of 
commutation  in  lieu  thereof  is  not  a  tax.  Therefore,  wuetnei 
or  not  it  matured  on  or  before  the  first  of  February  would  be  im- 
material because  it  is  not  a  tax. 

An  ordinance  of  a  town  in  Florida  provided  that  all  able-bodied 
male  residents  thereof  should  be  subject  to  work  upon  the  streets 
and  highways  of  said  town  for  six  days  in  each  year  which  doe* 
not  impose  a  tax. 

Under  section  4469  and  sections  governing  the  operations  of 
this  section,  one  has  a  right  to  labor  so  many  days  in  the  year 
or  pay  so  much  money  in  advance,  or  to  pay  so  much  on  notification 
to  work  the  roads.  Under  the  Code,  overseers  were  appointed 
from  March  to  March.  The  result  of  it  is  that  the  commutation 
tax,  if  it  be  a  tax  at  all,  it  could  not  mature  until  March  of  each 
year  and  therefore  all  commutation  taxes  levied  under  our  law, 
whether  road  taxes  or  street  taxes,  cannot  be  a  tax  in  contemplation 
of  law,  and  whether  paid  on  or  before  the  first  day  of  February 
cannot  affect  the  qualification  of  the  voter;  but  all  public  taxes 
maturing  on  or  before  the  first  day  of  February  of  the  year  in 
which  the  party  offers  to  vote,  whether  it  is  a  road,  street,  county 
and  state,  ad  valorem,  or  poll  (commutation  taxes  excepted)  if  it 
is  not  paid  on  or  before  the  first  day  of  February  the  party  is  dis- 
qualified and  cannot  vote. 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 

MAR  8   19'5 


30m-l,'15 


rr,  08668 


5J93V80 


* 
00 


/308 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


